By Oliveira H.B. No. 2103
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contracts with landowners within industrial districts
1-3 located in the extraterritorial jurisdiction of a municipality.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.044, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 42.044. CREATION OF INDUSTRIAL DISTRICT IN
1-8 EXTRATERRITORIAL JURISDICTION. (a) In this section, "industrial
1-9 district" has the meaning customarily given to the term but also
1-10 includes any area in which tourist-related businesses and
1-11 facilities are located.
1-12 (b) The governing body of a municipality may designate any
1-13 part of its extraterritorial jurisdiction as an industrial district
1-14 and may treat the designated area in a manner considered by the
1-15 governing body to be in the best interests of the municipality.
1-16 (c) The governing body may make written contracts with
1-17 owners of land in the industrial district:
1-18 (1) to guarantee the continuation of the
1-19 extraterritorial status of the district and its immunity from
1-20 annexation by the municipality for a period not to exceed 15
seven> years; and
1-22 (2) with other lawful terms and considerations that
1-23 the parties agree to be reasonable, < consider> appropriate, and not
2-1 unduly restrictive of business activities.
2-2 (d) The parties to a contract may renew or extend it for
2-3 successive periods not to exceed 15 < seven> years each. In the
2-4 event any owner of land in an industrial district is offered an
2-5 opportunity to renew or extend a contract, then all owners of land
2-6 in that industrial district must be offered an opportunity to renew
2-7 or extend a contract subject to the provisions of Subsection (c).
2-8 (e) A municipality may provide for adequate fire-fighting
2-9 services in the industrial district by:
2-10 (1) directly furnishing fire-fighting services that
2-11 are to be paid for by the property owners of the district;
2-12 (2) contracting for fire-fighting services, whether or
2-13 not all or a part of the services are to be paid for by the
2-14 property owners of the district; or
2-15 (3) contracting with the property owners of the
2-16 district to have them provide for their own fire-fighting services.
2-17 (f) A property owner who provides for his own fire-fighting
2-18 services under this section may not be required to pay any part of
2-19 the cost of the fire-fighting services provided by the municipality
2-20 to other property owners in the district.
2-21 SECTION 2. The changes in law made by this Act apply only to
2-22 contracts in effect on or entered into after the effective date of
2-23 this Act.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.