Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Gallegos S.B. No. 858
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of municipal services and the creation of
1-2 special municipal districts in areas annexed on or after December
1-3 1, 1996, by certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 43, Local Government Code is amended to
1-6 add Subchapters I and J to read as follows:
1-7 SUBCHAPTER I
1-8 PROVISION OF MUNICIPAL SERVICES IN
1-9 AREAS ANNEXED BY CERTAIN
1-10 MUNICIPALITIES ON OR AFTER
1-11 DECEMBER 1, 1996
1-12 Section 43.204. DEFINITIONS. In this subchapter:
1-13 (1) "Annexed area" means a tract of contiguous
1-14 territory that is annexed on or after December 1, 1996, by a
1-15 municipality.
1-16 (2) "Municipality" means a municipality with a
1-17 population of more than 1.5 million.
1-18 Section 43.205. PROVISION OF SERVICES TO ANNEXED AREA.
1-19 (a) A municipality shall provide services to an annexed area in
1-20 accordance with the requirements of Section 43.056, Local
1-21 Government Code.
1-22 (b) A municipality may not provide fewer services or a lower
1-23 level of services in the area than were in existence in the area
2-1 immediately preceding the date of the annexation.
2-2 Section 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 Section 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.
3-1 (3) "Special municipal district" means an
3-2 instrumentality of a municipality that is sponsored by the
3-3 municipality under the authority of this subchapter.
3-4 Section 43.208. HEARING ON CREATION OF A SPECIAL MUNICIPAL
3-5 DISTRICT.
3-6 (a) The governing body of a municipality may, on its own
3-7 motion, or shall, in response to a valid petition of 1% of the
3-8 registered voters of a proposed special municipal district, or 50
3-9 such voters, whichever is less, call a public hearing on the
3-10 question of establishing a special municipal district within an
3-11 annexed area.
3-12 (b) The governing body shall conduct the public hearing
3-13 within 30 days after adoption of its own motion or determination of
3-14 the validity of a petition. Notice of the hearing shall be
3-15 published in a newspaper of general circulation in the annexed area
3-16 not more than ten days before the hearing.
3-17 Section 43.209. SPECIAL MUNICIPAL DISTRICT ELECTION.
3-18 (a) Following the public hearing, the governing body may call an
3-19 election to authorize the creation of the special municipal
3-20 district and elect members of the district board, if the governing
3-21 body adopts an ordinance finding that the establishment of the
3-22 district would be in the public interest.
3-23 (b) The governing body shall call the election within the
3-24 area of the special municipal district not later than 60 days after
3-25 the adoption of an ordinance determining that the creation of the
4-1 district is in the public interest. The election need not be
4-2 scheduled on a uniform election date established by state law.
4-3 (c) The governing body shall by ordinance approve the ballot
4-4 for the election, which shall contain a proposition authorizing the
4-5 creation of the district and the election of initial members of the
4-6 district board. The governing body shall adopt by ordinance rules
4-7 and procedures, consistent with the Texas Election Code, for
4-8 conducting elections relating to districts to which this subchapter
4-9 is applicable.
4-10 Section 43.210. TERRITORY WITHIN SPECIAL MUNICIPAL
4-11 DISTRICTS; NAME OF DISTRICT. (a) A special municipal district may
4-12 include any contiguous territory within the boundaries of an
4-13 annexed area.
4-14 (b) A special municipal district shall be designated by a
4-15 name, such as "Village of __________________," "________________
4-16 Subdivision," or any other name that is descriptive of the
4-17 district.
4-18 Section 43.211. ARTICLES OF INCORPORATION AND BY-LAWS FOR
4-19 DISTRICTS. (a) The governing body of the municipality shall by
4-20 ordinance approve the articles of incorporation and by-laws for
4-21 each district established pursuant to this subchapter.
4-22 (b) The by-laws for each district shall include provisions
4-23 specifying the qualifications for, terms and number of members of
4-24 the district board, provisions specifying staggered terms of office
4-25 for elected board members, and provisions establishing other
5-1 procedures for governance of the district and oversight of the
5-2 district by the governing body of the municipality, including the
5-3 process and procedures for changing the boundaries of the district
5-4 after its creation.
5-5 Section 43.212. MUNICIPAL SERVICES AGREEMENT WITH DISTRICT.
5-6 (a) The municipality and a district may enter into a municipal
5-7 services agreement under which the district agrees to provide
5-8 police, fire, park maintenance, recreation, solid waste or other
5-9 services, and to be compensated by the municipality for the actual
5-10 cost of services. The municipality's service plan obligations
5-11 under Section 43.056, Local Government Code, are deemed to be
5-12 satisfied in full as to any category of service once the district
5-13 assumes the provision of that category of service pursuant to a
5-14 municipal services agreement.
5-15 (b) The term of a municipal services agreement between a
5-16 district and a municipality may not exceed fifteen years.
5-17 (c) A municipal services agreement entered into pursuant to
5-18 this subchapter may not require the municipality to pay a district
5-19 any amount in excess of the district's actual costs to deliver
5-20 services under the agreement.
5-21 SECTION 2. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended,
6-1 and that this Act take effect and be in force from and after its
6-2 passage, and it is so enacted.