Texas § 43.0565 ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA.

Texas Statutes

§ 43.0565 — ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA.

Texas § 43.0565

Code LGLocal Government Code

This text of Texas § 43.0565 (ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Local Government Code Code Ann. § 43.0565 (2026).

Text

Sec. 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

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 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.