Tex.
Local Gov't Code Section 43.141
Disannexation for Failure to Provide Services
(a)
A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area:(1)
if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 (Provision of Services to Annexed Area) or by the service plan prepared for the area under that section; or(2)
if the area was annexed under Subchapter C-3, C-4, or C-5, within the period specified by the written agreement under Section 43.0672 (Written Agreement Regarding Services) or the resolution under Section 43.0682 (Resolution) or 43.0692 (Resolution), as applicable.(b)
If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to:(1)
perform its obligations in accordance with:(A)
the service plan under Section 43.056 (Provision of Services to Annexed Area);(B)
the written agreement entered into under Section 43.0672 (Written Agreement Regarding Services); or(C)
the resolution adopted under Section 43.0682 (Resolution) or 43.0692 (Resolution), as applicable; or(2)
perform in good faith.(c)
If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation.(d)
The petition for disannexation must:(1)
be written;(2)
request the disannexation;(3)
be signed in ink or indelible pencil by the appropriate voters;(4)
be signed by each voter as that person’s name appears on the most recent official list of registered voters;(5)
contain a note made by each voter stating the person’s residence address and the precinct number and voter registration number that appear on the person’s voter registration certificate;(6)
describe the area to be disannexed and have a plat or other likeness of the area attached; and(7)
be presented to the secretary of the municipality.(e)
The signatures to the petition need not be appended to one paper.(f)
Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. Proof of the posting and publication must be made by attaching to the petition presented to the secretary:(1)
the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and(2)
the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication.
Source:
Section 43.141 — Disannexation for Failure to Provide Services, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.43.htm#43.141 (accessed Apr. 20, 2024).
