Bill Text: TX HB4039 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the provision of municipal services to land annexed by a municipality for full purposes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-20 - Referred to Land & Resource Management [HB4039 Detail]

Download: Texas-2023-HB4039-Introduced.html

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88R13484 MP-F
By: Hayes H.B. No. 4039

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, 2023, the municipality must provide, at its
cost, full municipal services to the land not later than September
1, 2027. For land annexed by a municipality for full purposes after
September 1, 2023, 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, 2023.