HB 2494 proposes amendments to Section 43.141 of the Texas Local Government Code to expand and clarify the process by which property owners may petition for disannexation from a municipality. The core objective is to strengthen the accountability of municipalities to provide essential services, specifically water and wastewater, following annexation. If a municipality fails to deliver those services within the timeframes outlined in applicable annexation plans, agreements, or resolutions, affected property owners are given a clearer legal path to seek disannexation.
A key change made by the bill is replacing “qualified voters” with “property owners” as the eligible petitioners for disannexation. This shift broadens participation to include all property stakeholders, regardless of voting status. The bill also extends the right to petition even in cases where annexation was not conducted in full compliance with the statutory process, further protecting property owners from municipal overreach.
HB 2494 outlines the procedural requirements for initiating disannexation petitions, including public posting and newspaper notice, as well as the supporting documentation needed (such as maps and affidavits). If a municipality fails to act on a valid petition within 60 days, the petitioners may file suit in district court. If the court finds that the municipality failed to meet its service obligations or to act in good faith, it must order disannexation and award attorney’s fees to the petitioners. Additionally, the bill creates a new legal test: disannexation may be ordered if the municipality has not connected a majority of the affected properties to water and wastewater systems when such infrastructure is available elsewhere in the city.
In essence, the bill enhances legal protections for property owners, ensures municipalities are held to their service commitments, and provides a more robust, enforceable mechanism for exiting municipal jurisdiction when those obligations are unmet.
The originally filed version of HB 2494 and its Committee Substitute share the same core intent—empowering local property owners to seek disannexation from municipalities that fail to deliver promised services—but the Committee Substitute introduces several substantive changes that broaden the bill’s scope and clarify legal procedures.
One of the most notable differences is the shift in eligibility for initiating a disannexation petition. The original bill limited petitioners to a “majority of the qualified voters” of the area. The committee substitute replaces this with “a majority of the property owners,” expanding the class of eligible petitioners beyond just registered voters. This change ensures that non-voting property owners, such as businesses or out-of-area individuals, are granted a voice in disannexation efforts, aligning the bill more closely with property rights principles.
Another significant change appears in the enforcement section. While both versions allow for legal action if a municipality fails to disannex within 60 days, the Committee Substitute strengthens the grounds for disannexation. It retains the original bill’s references to failures under service plans or agreements but adds a new criterion: the municipality’s failure to connect a majority of properties in the petition area to municipal water and wastewater systems, regardless of how or whether the area was annexed. This introduces a measurable, utility-based standard that municipalities must meet, further increasing their accountability.
Finally, the Committee Substitute updates the petition process to remove voter-centric language. It eliminates the requirement for signers to be listed as registered voters and instead emphasizes proof of property ownership, simplifying the evidentiary burden. These adjustments, taken together, shift the bill’s orientation from a voting rights framework toward a property rights and service-delivery focus, representing a broader, more inclusive, and enforceable approach to municipal disannexation.