By Oliveira H.B. No. 2103
Substitute the following for H.B. No. 2103:
By Oliveira C.S.H.B. No. 2103
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to economic development within the state, renewal of
1-3 industrial development agreements, and municipal annexation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Texas Local Government Code Sec. 42.044 (Vernon
1-6 1988) (Section 1, Chapter 149, Acts of the 70th Legislature,
1-7 Regular Session, 1987), is amended to read as follows:
1-8 Section 42.044. Creation of Industrial District in
1-9 Extraterritorial Jurisdiction.
1-10 (a) In this section, "industrial district" has the meaning
1-11 customarily given to the term but also includes any area in which
1-12 tourist-related businesses and facilities are located.
1-13 (b) The governing body of a municipality may designate any
1-14 part of its extraterritorial jurisdiction as an industrial district
1-15 and may treat the designated area in a manner considered by the
1-16 governing body to be in the best interests of the municipality.
1-17 (c) The governing body may make written contracts with
1-18 owners of land in the industrial district:
1-19 (1) to guarantee the continuation of the
1-20 extraterritorial status of the district and its immunity from
1-21 annexation by the municipality for a period not to exceed fifteen
1-22 <seven> years; and
1-23 (2) with other lawful terms and considerations that
2-1 the parties agree to be reasonable, <consider> appropriate,<;> and
2-2 not unduly restrictive of business activities.
2-3 (d) The parties to a contract may renew or extend if for
2-4 successive periods not to exceed fifteen <seven> years each. In
2-5 the event any owner of land in an industrial district is offered an
2-6 opportunity to renew or extend a contract, then all owners of land
2-7 in that industrial district must be offered an opportunity to renew
2-8 or extend a contract subject to the provisions of Subsection (c).
2-9 (e) A municipality may provide for adequate fire-fighting
2-10 services in the industrial district by:
2-11 (1) directly furnishing fire-fighting services that
2-12 are to be paid for by the property owners of the district;
2-13 (2) contracting for fire-fighting services, whether or
2-14 not all or a part of the services are to be paid for by the
2-15 property owners of the district; or
2-16 (3) contracting with the property owners of the
2-17 district to have them provide for their own fire-fighting services.
2-18 (f) A property owner who provides for his own fire-fighting
2-19 services under this section may not be required to pay any part of
2-20 the cost of the fire-fighting services provided by the municipality
2-21 to other property owners in the district.
2-22 SECTION 2. The changes in law made by this Act apply only to
2-23 contracts in effect on or entered into after the effective date of
2-24 this Act.
2-25 SECTION 3. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessary that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.