By Oliveira 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 seven
1-22 years; and
1-23 (2) with other terms and considerations that the
2-1 parties consider appropriate.
2-2 (d) The parties to a contract may renew or extend if for
2-3 successive periods not to exceed seven years each. In the event
2-4 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 the same opportunity to
2-7 renew or extend.
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 (g)(1) If a municipality annexes a privately-owned area in
2-22 an industrial district that was subject to a written contract as
2-23 referenced in Subsection (c) above, and the annexation results in
2-24 the imposition of municipal regulation that, by its terms,
2-25 precludes or impairs the ability of the landowner(s) to utilize the
3-1 property for those purposes for which the landowner(s) previously
3-2 had invested in the property, the municipality shall,
3-3 simultaneously with the annexation, pay in cash to the landowner(s)
3-4 of the property a sum equal to all actual costs and expenses
3-5 incurred by the landowner(s) in connection with the property.
3-6 (2) Subsection (g)(1) shall not apply to areas annexed
3-7 under Section 43.129.
3-8 SECTION 2. Texas Local Government Code Section 43.054
3-9 (Vernon Supp. 1993) (Section 1, Chapter 149, Acts of the 70th
3-10 Legislature, Regular Session, 1987, as amended by Section 3(d),
3-11 Chapter 1, Acts of the 71st Legislature, Regular Session, 1989) is
3-12 amended to read as follows:
3-13 Section 43.054. Width Requirements.
3-14 (a) A municipality may not annex a publicly or privately
3-15 owned area, including a strip of area following the course of a
3-16 road, highway, river, stream, or creek, unless the width of the
3-17 area at its narrowest point is at least 1,000 <feet> yards.
3-18 (b) The prohibition established by Subsection (a) does not
3-19 apply if:
3-20 (1) the boundaries of the municipality are contiguous
3-21 to the area on at least two sides;
3-22 (2) the annexation is initiated on the written
3-23 petition of the owners or of a majority of the qualified voters of
3-24 the area; or
3-25 (3) the area abuts or is contiguous to another
4-1 jurisdictional boundary.
4-2 SECTION 3. The changes in law made by this Act apply only to
4-3 contracts in effect on or entered into after the effective date of
4-4 this Act.
4-5 SECTION 4. This Act takes effect September 1, 1993.
4-6 SECTION 5. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessary that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.