Texas Local Government Code
§ 43.0565 — ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA
LG § 43.0565Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT · Part C. MUNICIPAL BOUNDARIES AND ANNEXATION · Ch. 43. MUNICIPAL ANNEXATION · Art. C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES
Statute text
View on source(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:
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Legislative history
Added by Acts 2019, 86th Leg., R.S., Ch. 429 (S.B. 1024), Sec. 1, eff. September 1, 2019.