HB950 - Relating to the provision of municipal services to land annexed by a municipality for full purposes.

      By: Hayes H.B. No. 950       A BILL TO BE ENTITLED   AN ACT   relating to the provision of municipal services to land annexed by a   municipality for full purposes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 43, Local Government Code,   is amended by adding Section 43.006 to read as follows:           Sec.   43.006.     PROVISION OF FULL MUNICIPAL SERVICES;   DISANNEXATION. (a) In this section, "full municipal services"   means a municipality's provision of each of the following to   annexed land to allow the full development of the land consistent   with existing zoning regulations, a development agreement entered   into under Section 212.172, or rights that have accrued for a   project under this chapter or Chapter 245:                 (1)  the provision of police protection;                 (2)     the provision of fire protection, including fire   hydrants;                 (3)  the provision of emergency medical services;                 (4)     the provision of solid waste collection, other   than those services that a municipality is not required to provide   under Section 43.056(o) to an area subject to that section;                 (5)     the construction, operation, and maintenance of   water and wastewater facilities;                 (6)     the construction, operation, and maintenance of   roads and streets, including road and street lighting; and                 (7)     the construction, operation, and maintenance of   any other facility, building, or service to be owned by the   municipality and completed at the time of annexation.           (b)     This section applies to annexed land regardless of   whether the land was annexed with the landowner's consent.           (c)     For land annexed by a municipality for full purposes   before September 1, 2025, the municipality must provide, at its   cost, full municipal services to the land not later than September   1, 2029.   For land annexed by a municipality for full purposes after   September 1, 2025, the municipality must provide, at its cost, full   municipal services to the land not later than the fourth   anniversary of the annexation date.           (d)  A municipality may not:                 (1)     charge a fee to a person for all or part of the   municipality's cost to provide full municipal services to annexed   land;                 (2)     adopt or enforce an ordinance, rule, or other   measure, or enter into an agreement, that requires a person to fund   a service necessary for the municipality to:                       (A)  provide full municipal services;                       (B)     construct an improvement necessary to   provide full municipal services; or                       (C)     dedicate land necessary to provide full   municipal services; or                 (3)     require a person to waive a right under this   section.           (e)     If a municipality violates this section, an affected   landowner may bring an action seeking disannexation of the owner's   land from the municipality.   In the action:                 (1)     the municipality has the burden of proving by   clear and convincing evidence that the municipality fully complied   with this section, and the court may not use a deferential standard;   and                 (2)     if the time period for providing full municipal   services under Subsection (c) has passed and the annexed land that   is the subject of the action has not been provided with full   municipal services:                       (A)     an irrebuttable presumption exists that the   municipality has failed to comply with this section; and                       (B)     the court shall order disannexation of the   land.           (f)     The action described by Subsection (e) is in addition to   the enforcement provisions provided by Section 43.908.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.