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Texas Local Government Code - LOC GOV'T § 43.0565. Access to Services by Certain Municipalities in Annexed Area

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 43.0565. Access to Services by Certain Municipalities in Annexed Area - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-43-0565/

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