1-1 By: Oliveira (Senate Sponsor - Ellis) H.B. No. 2103
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 12, 1993, reported favorably by
1-5 the following vote: Yeas 9, Nays 0; May 12, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to contracts with landowners within industrial districts
1-23 located in the extraterritorial jurisdiction of a municipality.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 42.044, Local Government Code, is amended
1-26 to read as follows:
1-27 Sec. 42.044. CREATION OF INDUSTRIAL DISTRICT IN
1-28 EXTRATERRITORIAL JURISDICTION. (a) In this section, "industrial
1-29 district" has the meaning customarily given to the term but also
1-30 includes any area in which tourist-related businesses and
1-31 facilities are located.
1-32 (b) The governing body of a municipality may designate any
1-33 part of its extraterritorial jurisdiction as an industrial district
1-34 and may treat the designated area in a manner considered by the
1-35 governing body to be in the best interests of the municipality.
1-36 (c) The governing body may make written contracts with
1-37 owners of land in the industrial district:
1-38 (1) to guarantee the continuation of the
1-39 extraterritorial status of the district and its immunity from
1-40 annexation by the municipality for a period not to exceed 15
1-41 <seven> years; and
1-42 (2) with other lawful terms and considerations that
1-43 the parties agree to be reasonable, <consider> appropriate, and not
1-44 unduly restrictive of business activities.
1-45 (d) The parties to a contract may renew or extend it for
1-46 successive periods not to exceed 15 <seven> years each. In the
1-47 event any owner of land in an industrial district is offered an
1-48 opportunity to renew or extend a contract, then all owners of land
1-49 in that industrial district must be offered an opportunity to renew
1-50 or extend a contract subject to the provisions of Subsection (c).
1-51 (e) A municipality may provide for adequate fire-fighting
1-52 services in the industrial district by:
1-53 (1) directly furnishing fire-fighting services that
1-54 are to be paid for by the property owners of the district;
1-55 (2) contracting for fire-fighting services, whether or
1-56 not all or a part of the services are to be paid for by the
1-57 property owners of the district; or
1-58 (3) contracting with the property owners of the
1-59 district to have them provide for their own fire-fighting services.
1-60 (f) A property owner who provides for his own fire-fighting
1-61 services under this section may not be required to pay any part of
1-62 the cost of the fire-fighting services provided by the municipality
1-63 to other property owners in the district.
1-64 SECTION 2. The changes in law made by this Act apply only to
1-65 contracts in effect on or entered into after the effective date of
1-66 this Act.
1-67 SECTION 3. The importance of this legislation and the
1-68 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.
2-4 * * * * *
2-5 Austin,
2-6 Texas
2-7 May 12, 1993
2-8 Hon. Bob Bullock
2-9 President of the Senate
2-10 Sir:
2-11 We, your Committee on Intergovernmental Relations to which was
2-12 referred H.B. No. 2103, have had the same under consideration, and
2-13 I am instructed to report it back to the Senate with the
2-14 recommendation that it do pass and be printed.
2-15 Armbrister,
2-16 Chairman
2-17 * * * * *
2-18 WITNESSES
2-19 FOR AGAINST ON
2-20 ___________________________________________________________________
2-21 Name: Charles A. Easterling x
2-22 Representing: CBSH Transportation
2-23 City: Houston
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