H.B. No. 2494 proposes amendments to the Local Government Code regarding the disannexation of certain areas within municipalities that fail to provide adequate services. The bill allows a majority of property owners in an area to petition for disannexation if the municipality does not fulfill its service obligations as outlined in specific subsections. 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 requirement that the municipality must have connected the majority of properties in the area 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)