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.
Spectrum: Partisan Bill (Republican 3-0)
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 |