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Texas Local Government Code

§ 43.141 — DISANNEXATION FOR FAILURE TO PROVIDE SERVICES

LG § 43.141Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT · Part C. MUNICIPAL BOUNDARIES AND ANNEXATION · Ch. 43. MUNICIPAL ANNEXATION · Art. G. DISANNEXATION

Statute text

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(a)A majority of the property owners of an area, including one or more lots, tracts, or parcels, or a portion of a lot, tract, or parcel, may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide the services described under Subsection (b)(1) or (3) or to cause those 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 or by the service plan prepared for the area under that section;
(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 or the resolution under Section 43.0682 or 43.0692, as applicable; or
(3)notwithstanding Section 43.0505, if any part of the area is located adjacent to a navigable waterway and the area did not become part of the municipality in compliance with and under Subchapter C.
(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 rules for expedited actions under the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area and award attorney's fees to the signers of the petition if the court finds that a valid petition was filed with the municipality and that the municipality:
(1)failed to perform its obligations in accordance with:

Legislative history

Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 39, eff. December 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 347), Sec. 2.15, eff. May 24, 2019. Acts 2025, 89th Leg., R.S., Ch. 235 (S.B. 1844), Sec. 1, eff. September 1, 2025.