Tex. Local Gov't Code Section 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 (Provision of Services to Annexed Area) 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 429 (S.B. 1024), Sec. 1, eff. September 1, 2019.

Source: Section 43.0565 — Access to Services by Certain Municipalities in Annexed Area, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­43.­htm#43.­0565 (accessed Jun. 5, 2024).

43.001
Definitions 43.002
Continuation of Land Use 43.003
Authority of Home-rule Municipality to Annex Area and Take Other Actions Regarding Boundaries 43.004
Annexation by Defunding Municipality Prohibited 43.005
Required Disclosure Before Annexation Agreement 43.012
Authority of Type a General-law Municipality to Annex Area It Owns 43.013
Authority of Municipality to Annex Navigable Stream 43.014
Authority to Annex Limited to Extraterritorial Jurisdiction 43.015
Authority of Adjacent Municipalities to Change Boundaries by Agreement 43.016
Authority of Municipality to Annex Area Qualified for Agricultural or Wildlife Management Use or as Timber Land 43.017
Prohibition Against Annexation to Surround Municipality in Certain Counties 43.052
Municipal Annexation Plan Required 43.054
Width Requirements 43.055
Maximum Amount of Annexation Each Year 43.056
Provision of Services to Annexed Area 43.057
Annexation that Surrounds Area: Findings Required 43.061
Applicability 43.062
Procedures Applicable 43.063
Annexation Hearing Requirements 43.064
Period for Completion of Annexation 43.065
Provision of Services to Annexed Area 43.071
Authority to Annex Water or Sewer District 43.072
Authority to Annex Municipal Utility District by Home-rule Municipality 43.074
Abolition of Water-related Special District Created Wholly in Municipality 43.075
Abolition Of, or Division of Functions Of, Water-related Special District that Becomes Part of Not More than One Municipality 43.076
Abolition of Water-related Special District that Becomes Part of More than One Municipality 43.079
Consent Requirement for Annexation of Area in Certain Conservation and Reclamation Districts 43.080
Municipal Bonds Used to Carry out Purposes of Abolished Conservation and Reclamation District 43.081
Continuation of Certain Municipal Water Boards on Annexation of Water Control and Improvement District 43.082
Annexation by Certain Municipalities of Land Owned by Navigation District 43.083
Annexation by Certain Municipalities that Operate Municipally Owned Water Utility 43.101
Annexation of Municipally Owned Reservoir 43.102
Annexation of Municipally Owned Airport 43.106
Annexation of County Roads Required in Certain Circumstances 43.0115
Authority of Certain Municipalities to Annex Enclaves 43.0116
Authority of Municipality to Annex Industrial Districts 43.0117
Authority of Municipality to Annex Area near Military Base 43.121
Authority of Populous Home-rule Municipalities to Annex for Limited Purposes 43.122
Certain Strip Annexations Prohibited 43.123
Report Regarding Planning Study and Regulatory Plan 43.124
Public Hearings 43.125
Adoption of Regulatory Plan 43.126
Period for Completion of Annexation 43.127
Annexation for Full Purposes 43.128
Judicial Remedies: Forced Annexation or Disannexation 43.129
Consensual Annexation 43.130
Effect of Annexation on Voting Rights, Eligibility for Office, and Taxing Authority 43.131
Effect of Annexation on Extraterritorial Jurisdiction 43.132
Municipal Incorporation in Annexed Area 43.136
Authority of Special-law Municipality to Annex for Limited Purposes Along Navigable Stream 43.141
Disannexation for Failure to Provide Services 43.142
Disannexation According to Municipal Charter in Home-rule Municipality 43.143
Disannexation by Petition and Election in General-law Municipality 43.144
Disannexation of Sparsely Populated Area in General-law Municipality 43.145
Disannexation of Unimproved Area or Nontaxable Area in Certain Municipalities 43.146
Disannexation of Land in a Municipal Utility District 43.147
Width Requirement for Disannexation 43.148
Refund of Taxes and Fees 43.201
Definitions 43.202
Applicability 43.203
Alteration of Annexation Status 43.0505
Applicability 43.0545
Annexation of Certain Adjacent Areas 43.0561
Annexation Hearing Requirements 43.0565
Access to Services by Certain Municipalities in Annexed Area 43.0635
Map Requirement for Proposed Annexation 43.0661
Provision of Certain Services to Annexed Area 43.0663
Effect on Other Law 43.0671
Authority to Annex Area on Request of Owners 43.0672
Written Agreement Regarding Services 43.0673
Public Hearing 43.0681
Authority to Annex 43.0682
Resolution 43.0683
Notice of Proposed Annexation 43.0684
Public Hearing 43.0685
Petition 43.0686
Results of Petition 43.0687
Voter Approval by Municipal Residents on Petition 43.0688
Retaliation for Annexation Disapproval Prohibited 43.0691
Authority to Annex 43.0692
Resolution 43.0693
Notice of Proposed Annexation 43.0694
Public Hearings 43.0695
Property Owner Consent Required for Certain Areas 43.0696
Election 43.0697
Results of Election and Petition 43.0698
Voter Approval by Municipal Residents on Petition 43.0699
Retaliation for Annexation Disapproval Prohibited 43.0712
Invalidation of Annexation of Special District 43.0715
Annexation of Water-related Special District: Reimbursement of Landowner or Developer 43.0751
Strategic Partnerships for Continuation of Certain Districts 43.0753
Regional Development Agreements 43.0754
Regional Participation Agreements 43.0755
Procedures for Incorporation or Establishment of Another Form of Local Government for Certain Areas Subject to Regional Participation Agreement 43.0761
Provision of Water and Sanitary Sewer Utility Service 43.901
Circumstances in Which Consent to Boundaries or Annexation Is Presumed 43.902
Annexation, Extraterritorial Jurisdiction, and Eminent Domain on Inaccessible Gulf Island 43.903
Effect of Annexation on Railroad Switching Limits or Rates 43.905
Effect of Annexation on Operation of School District 43.907
Effect of Annexation on Colonias 43.908
Enforcement of Chapter 43.1025
Annexation of Noncontiguous Municipally Owned Airport by Certain Municipalities 43.1055
Annexation of Road Rights-of-way on Request or Without Objection of Owner or Maintaining Political Subdivision 43.1056
Annexation of Contiguous or Connecting Rights-of-way 43.1211
Use of Consent Procedures to Annex for Limited Purposes 43.1463
Disannexation of Areas Annexed During Transition from Nonconsent to Consent Annexation Model 43.1465
Disannexation from Defunding Municipality 43.07515
Regulation of Fireworks Under Strategic Partnership Agreement Law 43.9051
Effect of Annexation on Public Entities or Political Subdivisions
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 43.0565’s source at texas​.gov