Texas Local Government Code 43.141 – Disannexation for Failure to Provide Services
(a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area:
(1) if the area was annexed under Subchapter C-1, within the period specified by § 43.056 or by the service plan prepared for the area under that section; or
(2) if the area was annexed under Subchapter C-3, C-4, or C-5, within the period specified by the written agreement under § 43.0672 or the resolution under § 43.0682 or 43.0692, as applicable.
(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 the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to:
(1) perform its obligations in accordance with:
(A) the service plan under § 43.056;
(B) the written agreement entered into under § 43.0672; or
(C) the resolution adopted under § 43.0682 or 43.0692, as applicable; or
(2) perform in good faith.
Terms Used In Texas Local Government Code 43.141
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation.
(d) The petition for disannexation must:
(1) be written;
(2) request the disannexation;
(3) be signed in ink or indelible pencil by the appropriate voters;
(4) be signed by each voter as that person‘s name appears on the most recent official list of registered voters;
(5) contain a note made by each voter stating the person’s residence address and the precinct number and voter registration number that appear on the person’s voter registration certificate;
(6) describe the area to be disannexed and have a plat or other likeness of the area attached; and
(7) be presented to the secretary of the municipality.
(e) The signatures to the petition need not be appended to one paper.
(f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. Proof of the posting and publication must be made by attaching to the petition presented to the secretary:
(1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and
(2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication.