HB2494 - Relating to disannexation of certain areas of a municipality for failure to provide services.

  89R23154 MP-F     By: Craddick, Darby, King, Patterson H.B. No. 2494     Substitute the following for H.B. No. 2494:     By:  Gates C.S.H.B. No. 2494       A BILL TO BE ENTITLED   AN ACT   relating to disannexation of certain areas of a municipality for   failure to provide services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.141, Local Government Code, is   amended by amending Subsections (a), (b), (d), and (f) and adding   Subsections (g) and (h) to read as follows:          (a)  A majority of the property owners  [ qualified voters ] of   an [ annexed ] area , including one or more lots, tracts, or parcels,   or a portion of a lot, tract, or parcel, may petition the governing   body of the municipality to disannex the area if the municipality   fails or refuses to provide the services described under Subsection   (b)(1) or (3) or to cause those services to be provided to the area:                (1)  if the area was annexed under Subchapter C-1,   within the period specified by Section 43.056 or by the service plan   prepared for the area under that section; [ or ]                (2)  if the area was annexed under Subchapter C-3, C-4,   or C-5, within the period specified by the written agreement under   Section 43.0672 or the resolution under Section 43.0682 or 43.0692,   as applicable ; or                 (3)     notwithstanding Section 43.0505, if the area did   not become part of the municipality in compliance with and under   Subchapter C .          (b)  If the governing body fails or refuses to disannex the   area within 60 days after the date of the receipt of the petition,   any one or more of the signers of the petition may bring a cause of   action in a district court of the county in which the area is   principally located to request that the area be disannexed.  On the   filing of an answer by the governing body, and on application of   either party, the case shall be advanced and heard without further   delay in accordance with rules for expedited actions under the   Texas Rules of Civil Procedure.  The district court shall enter an   order disannexing the area and award attorney's fees to the signers   of the petition if the court finds that a valid petition was filed   with the municipality and that the municipality [ failed to ]:                (1)   failed to  perform its obligations in accordance   with:                      (A)  the service plan under Section 43.056;                      (B)  the written agreement entered into under   Section 43.0672; or                      (C)  the resolution adopted under Section 43.0682   or 43.0692, as applicable; [ or ]                (2)   failed to  perform in good faith ; or                 (3)     has not connected the majority of the properties   in the area covered by the petition, regardless of whether the area   was annexed by the municipality, to the municipality's water and   wastewater systems, if any other area in the municipality is   connected to the municipality's water and wastewater systems .          (d)  The petition for disannexation must:                (1)  be written;                (2)  request the disannexation;                (3)  be signed in ink or indelible pencil by the   appropriate property owners [ voters ];                (4)  [ be signed by each voter as that person's name   appears on the most recent official list of registered voters;                [ (5) ]  contain a note made by each property owner   [ voter ] stating the person's residence address [ and the precinct   number and voter registration number that appear on the person's   voter registration certificate ];                 (5)  [ (6) ]  describe the area to be disannexed and have   a plat , survey, or other likeness of the area attached; and                 (6)  [ (7) ]  be presented to the secretary of the   municipality.          (f)   For an area annexed under this chapter, before [ Before ]   the petition is circulated among the property owners  [ voters ],   notice of the petition must be given by posting a copy of the   petition for 10 days in three public places in the [ annexed ] area   and by publishing a copy of the petition once in a newspaper of   general circulation serving the area before the 15th day before the   date the petition is first circulated.  Proof of the posting and   publication must be made by attaching to the petition presented to   the secretary:                (1)  the sworn affidavit of any property owner  [ voter ]   who signed the petition, stating the places and dates of the   posting; and                (2)  the sworn affidavit of the publisher of the   newspaper in which the notice was published, stating the name of the   newspaper and the issue and date of publication.           (g)     If an area described by Subsection (a)(3) is disannexed   in accordance with this section, the landowners of the area are not   eligible for a refund of taxes or fees for the area under Section   43.148.           (h)     The disannexation of an area under this section may not   include land that comprises the bed of a navigable waterway.          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.