Texas Local Government Code 43.0565 – Access to Services by Certain Municipalities in Annexed Area
(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 § 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.
Terms Used In Texas Local Government Code 43.0565
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) A municipality’s governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section.