H.B. No. 2494 amends the Local Government Code to establish a process for disannexation of certain areas within a municipality that fail to receive adequate services. The bill allows a majority of property owners in an annexed area to petition for disannexation if the municipality does not provide the required services as outlined in the service plan or other agreements. Key changes include the replacement of "qualified voters" with "property owners" in the petition process, and the introduction of new criteria for disannexation, including the municipality's failure to connect properties to its water and wastewater systems.
Additionally, the bill stipulates that if the governing body does not act on the petition within 60 days, the petitioners can seek a court order for disannexation, with the possibility of recovering attorney's fees if the court finds the petition valid. New provisions also clarify that landowners in disannexed areas are not eligible for tax or fee refunds, and disannexation cannot include land that is part of a navigable waterway. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.
Statutes affected: Introduced: Local Government Code 43.141 (Local Government Code 43)
House Committee Report: Local Government Code 43.141 (Local Government Code 43)