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AN ACT
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relating to access to services in an area annexed by certain tier 1 |
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municipalities under a service plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 43, Local Government Code, |
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is amended by adding Section 43.0565 to read as follows: |
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Sec. 43.0565. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES |
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IN ANNEXED AREA. (a) A municipality with a population of 350,000 |
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or less shall provide access to services provided to an annexed area |
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under a service plan described by Section 43.056 that is identical |
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or substantially similar to access to those services in the |
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municipality. |
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(b) A person residing in an annexed area subject to a |
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service plan may apply for a writ of mandamus against a municipality |
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that fails to provide access to services in accordance with |
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Subsection (a). In the action for the writ: |
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(1) the court may order the parties to participate in |
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mediation; |
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(2) the municipality has the burden of proving that |
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the municipality complied with Subsection (a); |
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(3) the person may provide evidence that the costs for |
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the person to access the services are disproportionate to the costs |
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incurred by a municipal resident to access those services; and |
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(4) if the person prevails: |
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(A) the municipality shall: |
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(i) disannex the property that is the |
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subject of the suit within a reasonable period specified by the |
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court; or |
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(ii) comply with Subsection (a); and |
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(B) the court shall award the person's attorney's |
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fees and costs incurred in bringing the action for the writ. |
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(c) A municipality's governmental immunity to suit and from |
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liability is waived and abolished to the extent of liability |
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created under this section. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1024 passed the Senate on |
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May 3, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1024 passed the House on |
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May 17, 2019, by the following vote: Yeas 147, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |