Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By Woolley H.B. No. 2107 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the provision of municipal services and the creation of 1-3 special municipal districts in areas annexed on or after December 1-4 1, 1996, by certain municipalities. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 43, Local Government Code is amended to 1-7 add Subchapters I and J to read as follows: 1-8 SUBCHAPTER I 1-9 PROVISION OF MUNICIPAL SERVICES IN 1-10 AREAS ANNEXED BY CERTAIN 1-11 MUNICIPALITIES ON OR AFTER 1-12 DECEMBER 1, 1996 1-13 Sec. 43.204. DEFINITIONS. In this subchapter: 1-14 (1) "Annexed area" means a tract of contiguous 1-15 territory that is annexed on or after December 1, 1996, by a 1-16 municipality. 1-17 (2) "Municipality" means a municipality with a 1-18 population of more than 1.5 million. 1-19 Sec. 43.205. PROVISION OF SERVICES TO ANNEXED AREA. (a) A 1-20 municipality shall provide services to an annexed area in 1-21 accordance with the requirements of Section 43.056, Local 1-22 Government Code. 1-23 (b) A municipality may not provide fewer services or a lower 1-24 level of services in the area than were in existence in the area 2-1 immediately preceding the date of the annexation. 2-2 Sec. 43.206. ENFORCEMENT. (a) A person residing in an 2-3 annexed area may enforce the requirements of Section 2 of this 2-4 subchapter by applying for a writ of mandamus. In a mandamus 2-5 proceeding, the burden shall be on the municipality to show that 2-6 the municipality has not provided fewer services or a lower level 2-7 of services in the annexed area than were in existence in the area 2-8 immediately preceding the date of the annexation. 2-9 (b) If the court issues the writ requested by a person 2-10 residing in an annexed area, the municipality shall pay the 2-11 person's costs and reasonable attorney's fees in bringing the 2-12 action. 2-13 (c) A writ issued under this section must provide the 2-14 municipality the option of disannexing the area within 30 days. 2-15 SUBCHAPTER J 2-16 CREATION OF SPECIAL MUNICIPAL 2-17 DISTRICTS IN AREAS 2-18 ANNEXED BY CERTAIN MUNICIPALITIES ON OR 2-19 AFTER DECEMBER 1, 1996 2-20 Sec. 43.207. DEFINITIONS. In this subchapter: 2-21 (1) "Annexed area" means a tract of contiguous 2-22 territory that is annexed on or after December 1, 1996, by a 2-23 municipality. 2-24 (2) "Municipality" means a municipality with a 2-25 population of more than 1.5 million. 2-26 (3) "Special municipal district" means an 2-27 instrumentality of a municipality that is sponsored by the 2-28 municipality under the authority of this subchapter. 2-29 Sec. 43.208. HEARING ON CREATION OF A SPECIAL MUNICIPAL 2-30 DISTRICT. (a) The governing body of a municipality may, on its 3-1 own motion, or shall, in response to a valid petition of 1% of the 3-2 registered voters of a proposed special municipal district, or 50 3-3 such voters, whichever is less, call a public hearing on the 3-4 question of establishing a special municipal district within an 3-5 annexed area. 3-6 (b) The governing body shall conduct the public hearing 3-7 within 30 days after adoption of its own motion or determination of 3-8 the validity of a petition. Notice of the hearing shall be 3-9 published in a newspaper of general circulation in the annexed area 3-10 not more than ten days before the hearing. 3-11 Sec. 43.209. SPECIAL MUNICIPAL DISTRICT ELECTION. (a) 3-12 Following the public hearing, the governing body may call an 3-13 election to authorize the creation of the special municipal 3-14 district and elect members of the district board, if the governing 3-15 body adopts an ordinance finding that the establishment of the 3-16 district would be in the public interest. 3-17 (b) The governing body shall call the election within the 3-18 area of the special municipal district not later than 60 days after 3-19 the adoption of an ordinance determining that the creation of the 3-20 district is in the public interest. The election need not be 3-21 scheduled on a uniform election date established by state law. 3-22 (c) The governing body shall by ordinance approve the ballot 3-23 for the election, which shall contain a proposition authorizing the 3-24 creation of the district and the election of initial members of the 3-25 district board. The governing body shall adopt by ordinance rules 3-26 and procedures, consistent with the Texas Election Code, for 3-27 conducting elections relating to districts to which this subchapter 3-28 is applicable. 3-29 Sec. 43.210. TERRITORY WITHIN SPECIAL MUNICIPAL DISTRICTS; 3-30 NAME OF DISTRICT. (a) A special municipal district may include 4-1 any contiguous territory within the boundaries of an annexed area. 4-2 (b) A special municipal district shall be designated by a 4-3 name, such as "Village of _________," "_________ Subdivision," or 4-4 any other name that is descriptive of the district. 4-5 Sec. 43.211. ARTICLES OF INCORPORATION AND BY-LAWS FOR 4-6 DISTRICTS. (a) The governing body of the municipality shall by 4-7 ordinance approve the articles of incorporation and by-laws for 4-8 each district established pursuant to this subchapter. 4-9 (b) The by-laws for each district shall include provisions 4-10 specifying the qualifications for, terms and number of members of 4-11 the district board, provisions specifying staggered terms of office 4-12 for elected board members, and provisions establishing other 4-13 procedures for governance of the district and oversight of the 4-14 district by the governing body of the municipality, including the 4-15 process and procedures for changing the boundaries of the district 4-16 after its creation. 4-17 Sec. 43.212. MUNICIPAL SERVICES AGREEMENT WITH DISTRICT. 4-18 (a) The municipality and a district may enter into a municipal 4-19 services agreement under which the district agrees to provide 4-20 police, fire, park maintenance, recreation, solid waste or other 4-21 services, and to be compensated by the municipality for the actual 4-22 cost of services. The municipality's service plan obligations 4-23 under Section 43.056, Local Government Code, are deemed to be 4-24 satisfied in full as to any category of service once the district 4-25 assumes the provision of that category of service pursuant to a 4-26 municipal services agreement. 4-27 (b) The term of a municipal services agreement between a 4-28 district and a municipality may not exceed fifteen years. 4-29 (c) A municipal services agreement entered into pursuant to 4-30 this subchapter may not require the municipality to pay a district 5-1 any amount in excess of the district's actual costs to deliver 5-2 services under the agreement. 5-3 SECTION 2. The importance of this legislation and the 5-4 crowded condition of the calendars in both houses create an 5-5 emergency and an imperative public necessity that the 5-6 constitutional rule requiring bills to be read on three several 5-7 days in each house be suspended, and this rule is hereby suspended, 5-8 and that this Act take effect and be in force from and after its 5-9 passage, and it is so enacted.