Tex. Loc. Gov't Code § 43.0565 · Subchapter C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES
ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 429 (S.B. 1024), Sec. 1, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LG/htm/LG.43.htm
- Text hash
- sha256 048dda55582f57b89cd4feceafc2af7c560c40c151d58020ecab134e78d817eb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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