Tex. Local Government Code § 43.141 — TX Code / Code lg / Chapter 43 / Section 43.141
§ 43.141. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES.
Status: in_force

(a) A majority of the property owners of an area, including one or more lots, tracts, or parcels, or a portion of a lot, tract, or parcel, may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide the services described under Subsection (b)(1) or (3) or to cause those services to be provided to the area:

(1) if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section;

(2) if the area was annexed under Subchapter C-3, C-4, or C-5, within the period specified by the written agreement under Section 43.0672 or the resolution under Section 43.0682 or 43.0692, as applicable; or

(3) notwithstanding Section 43.0505, if any part of the area is located adjacent to a navigable waterway and the area did not become part of the municipality in compliance with and under Subchapter C.

(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 rules for expedited actions under the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area and award attorney's fees to the signers of the petition if the court finds that a valid petition was filed with the municipality and that the municipality:

(1) failed to perform its obligations in accordance with:

(A) the service plan under Section 43.056;

(B) the written agreement entered into under Section 43.0672; or

(C) the resolution adopted under Section 43.0682 or 43.0692, as applicable;

(2) failed to perform in good faith; or

(3) for a petition covering an area described by Subsection (a)(3), has not connected the majority of the properties in the area covered by the petition, regardless of whether the area was annexed by the municipality, to the municipality's water and wastewater systems, if any other area in the municipality is connected to the municipality's water and wastewater systems.

(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 property owners;

(4) contain a note made by each property owner stating the person's residence address;

(5) describe the area to be disannexed and have a plat, survey, or other likeness of the area attached; and

(6) be presented to the secretary of the municipality.

(e) The signatures to the petition need not be appended to one paper.

(f) For an area annexed under this chapter, before the petition is circulated among the property owners, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the 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 property owner 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.

(g) If an area described by Subsection (a)(3) is disannexed in accordance with this section, the landowners of the area are not eligible for a refund of taxes or fees for the area under Section 43.148.

(h) The disannexation of an area under this section may not include land that comprises the bed of a navigable waterway.

(i) This section does not apply to an area located in an area previously designated as an industrial district under Section 42.044.