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.
   1-25        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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