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.