Texas Expands Disannexation Rights for Landowners — What S.B. 1844 Changes
For years, the path to disannexation under Texas law was narrow. Only registered voters within an annexed area could petition to leave a municipality. And, even then, the area had to fit within a rigid definition.
S.B. 1844, which took effect September 1, 2025, rewrites those rules in three meaningful ways.
Who Can Petition Has Changed.
Under the old statute, only “qualified voters” of an annexed area could submit a disannexation petition. S.B. 1844 replaces that standard entirely: a majority of “property owners” may now file a petition. The filer need not be a voter, or even a resident. Any landowner—even one who doesn't live on the property, doesn't vote in that jurisdiction, or holds title through an entity—now has standing to seek disannexation.
The Area Covered by the Petition Is Now Flexible.
The statute now allows a petition to cover one or more lots, tracts, or parcels, or even a portion of any of them. Previously, the definition of "area" was tied to the annexed territory as a whole. Now landowners can define the area to be disannexed, making the remedy available even where only part of a property is at issue.
Combining these first two big changes to the law, a single landowner can petition to disannex a single parcel—or even a portion of a parcel—from the city.
Areas Along Navigable Waterways Have a New Path to Freedom.
Further, property owners may now petition for disannexation even if their area was not annexed under Subchapter C of Chapter 43 of the Texas Local Government Code. The requirements are that (1) the area must be adjacent to a navigable waterway and (2) the city provides water and wastewater services to other areas but does not provide both water and wastewater services to the petitioner’s land. Under Texas law, a navigable waterway is one that has an average width of at least 30 feet from the mouth upward. Rivers, streams, and lakes may all qualify depending on the facts.
Two limitations apply. First, landowners whose land is disannexed under this provision are not entitled to tax refunds under Chapter 43 of the Local Government Code, but some other law (such as the Tax Code) may entitle them to tax refunds. Second, these disannexation provisions do not apply to areas previously designated as industrial districts.
Here’s What This Means for Landowners.
S.B. 1844 expands who can challenge their municipal status when a city has failed to deliver on the implicit bargain of annexation: a city can impose property taxes only on land that receives the same level of municipal services as other areas of the city.
If you have been paying property taxes on land that doesn’t receive full city services, this law is worth a closer look.
Anyone can read the new law. At Cobb & Johns, we’re proud that we drafted the new law and helped support its passage to benefit our landowner clients, thanks to amazing bill sponsors, effective lobbyists, and bipartisan support in the Texas Legislature.
