Section 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 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.Tex. Loc. Gov't. Code § 43.0565
Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 429,Sec. 1, eff. 9/1/2019.