Bill Text: TX SB1024 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to access to services in an area annexed by certain tier 1 municipalities under a service plan.
Sponsorship: Partisan Bill (Republican 3)
Status: (Passed) 2019-06-04 - Effective on 9/1/19 [SB1024 Detail]
Download: Texas-2019-SB1024-Enrolled.html
| S.B. No. 1024 | ||
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| relating to access to services in an area annexed by certain tier 1 | ||
| municipalities under a service plan. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 43, Local Government Code, | ||
| is amended by adding Section 43.0565 to read as follows: | ||
| Sec. 43.0565. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES | ||
| IN ANNEXED AREA. (a) A municipality with a population of 350,000 | ||
| or less shall provide access to services provided to an annexed area | ||
| under a service plan described by Section 43.056 that is identical | ||
| or substantially similar to access to those services in the | ||
| municipality. | ||
| (b) A person residing in an annexed area subject to a | ||
| service plan may apply for a writ of mandamus against a municipality | ||
| that fails to provide access to services in accordance with | ||
| Subsection (a). In the action for the writ: | ||
| (1) the court may order the parties to participate in | ||
| mediation; | ||
| (2) the municipality has the burden of proving that | ||
| the municipality complied with Subsection (a); | ||
| (3) the person may provide evidence that the costs for | ||
| the person to access the services are disproportionate to the costs | ||
| incurred by a municipal resident to access those services; and | ||
| (4) if the person prevails: | ||
| (A) the municipality shall: | ||
| (i) disannex the property that is the | ||
| subject of the suit within a reasonable period specified by the | ||
| court; or | ||
| (ii) comply with Subsection (a); and | ||
| (B) the court shall award the person's attorney's | ||
| fees and costs incurred in bringing the action for the writ. | ||
| (c) A municipality's governmental immunity to suit and from | ||
| liability is waived and abolished to the extent of liability | ||
| created under this section. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1024 passed the Senate on | ||
| May 3, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1024 passed the House on | ||
| May 17, 2019, by the following vote: Yeas 147, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
