DecisionDepot
California legal research

Texas Local Government Code

§ 43.0712 — INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER

LG § 43.0712Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT · Part C. MUNICIPAL BOUNDARIES AND ANNEXATION · Ch. 43. MUNICIPAL ANNEXATION · Art. D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS

Statute text

View on source
(a)If a municipality enacts an ordinance to annex a special district and assumes control and operation of utilities within the district, and the annexation is invalidated by a final judgment of a court after all appeals have been exhausted, the municipality is deemed, by enactment of its annexation ordinance, to have acquired title to utilities owned by a developer within the special district and is obligated to pay the developer all amounts related to the utilities as provided in Section 43.0715.
(b)Upon resumption of the functions of the special district:
(1)the municipality shall succeed to the contractual rights of the developer to be reimbursed by the special district for the utilities the municipality acquires from the developer; and
(2)the special district shall resume the use of the utilities acquired and paid for by the municipality and shall thereafter acquire the utilities from the municipality and reimburse the municipality for amounts the municipality paid the developer. The payment to the municipality shall be governed by the requirements of the Texas Commission on Environmental Quality. Added by Acts 1999, 76th Leg., ch. 1167, Sec. 10, eff. Sept. 1, 1999. Amended by:

Legislative history

Acts 2025, 89th Leg., R.S., Ch. 986 (S.B. 766), Sec. 32, eff. September 1, 2025.

Source: Texas Local Government Code § 43.0712 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.