S.B. No. 1844 amends the Local Government Code to facilitate the disannexation of certain areas from municipalities that fail to provide adequate services. The bill allows a majority of property owners in an annexed area to petition for disannexation if the municipality does not fulfill its service obligations 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 specific conditions under which disannexation can occur, particularly for areas adjacent to navigable waterways.
Additionally, the bill stipulates that if a municipality does not act on a disannexation petition within 60 days, 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 clarify that disannexed areas adjacent to navigable waterways will not be eligible for tax or fee refunds, and that disannexation cannot include land that comprises the bed of a navigable waterway. The bill also specifies that it does not apply to areas designated as industrial districts.
Statutes affected: Introduced: Local Government Code 43.141 (Local Government Code 43)
Senate Committee Report: Local Government Code 43.141 (Local Government Code 43)
Engrossed: Local Government Code 43.141 (Local Government Code 43)
House Committee Report: Local Government Code 43.141 (Local Government Code 43)
Enrolled: Local Government Code 43.141 (Local Government Code 43)