Tex. Local Government Code § 43.0565
This is the official text of Tex. Local Government Code § 43.0565, part of Texas’s Local Government Code — governs the powers and operations of Texas cities and counties.
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§ 43.0565. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA.
Official statutory text
(a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality.
(b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). In the action for the writ:
(1) the court may order the parties to participate in mediation;
(2) the municipality has the burden of proving that the municipality complied with Subsection (a);
(3) the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and
(4) if the person prevails:
(A) the municipality shall:
(i) disannex the property that is the subject of the suit within a reasonable period specified by the court; or
(ii) comply with Subsection (a); and
(B) the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ.
(c) A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section.
(b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). In the action for the writ:
(1) the court may order the parties to participate in mediation;
(2) the municipality has the burden of proving that the municipality complied with Subsection (a);
(3) the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and
(4) if the person prevails:
(A) the municipality shall:
(i) disannex the property that is the subject of the suit within a reasonable period specified by the court; or
(ii) comply with Subsection (a); and
(B) the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ.
(c) A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section.
Status: in_force · Read it on the official government site
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