SRC-PNG S.B. 1154 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1154
By: Bernsen
Natural Resources
4/1/1999
As Filed


DIGEST
 
Currently, under Texas law, municipalities and conservation and reclamation
districts are not authorized to enter into regional development agreements.
This bill would authorize certain districts and municipalities to enter
into regional development agreements. 

PURPOSE

As proposed, S.B. 1154 authorizes certain districts and municipalities to
enter into regional development agreements. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 43D, Local Government Code, by adding Section
43.0752, as follows: 

Sec.  43.0752.  REGIONAL DEVELOPMENT AGREEMENTS.  Sets forth the
legislative intent concerning the authority of certain districts and
municipalities to enter into regional development agreements.  Defines
"municipality," "district," "planned community," and "regional development
agreement."  Authorizes the governing body of a municipality and the
governing body of one or more conservation and reclamation districts to
enter into a regional development agreement to further regional cooperation
between the district(s) and the municipality, notwithstanding any general
or special law or any home rule charter provision to the contrary.
Authorizes certain provisions to be contained in a regional development
agreement.  Requires a regional development agreement to be in writing and
not be effective until approved by the governing bodies of the municipality
and the district(s) included as parties thereto; provided that a subsequent
joinder or addition of other districts as parties may be authorized and
evidenced in the manner provided therein.  Provides that upon approval, a
regional development agreement is binding on subsequent governing bodies of
the district(s) included or added as parties thereto and of the
municipality throughout the term.  Provides that a regional development
agreement need not include a description of the lands contained within the
boundaries of the district(s) included or added as parties thereto, but
requires the agreement to be recorded in the deed records of the county or
counties in which the lands contained in the district(s) included or added
as parties thereto are located. Requires a regional development agreement,
and any proceedings evidencing the joinder or addition of one or more other
district(s) as parties thereto, upon recordation, to also bind each owner
and each future owner of land which may from time to time be included
within the boundaries of the district(s).  Requires the owners and future
owners of added or excluded lands to be bound, upon compliance with the
requirements for recordation included in Chapter 49J, Water Code or in any
similar general or special law.  Prohibits Sections 42.023 and 42.041(b) -
(e), Local Government Code, from being applicable to any land or owner of
land within district(s) included or added as parties to a regional
development agreement during the period of deferral of annexation
established in a regional development agreement, and provides that any
proceedings initiated pursuant thereto but not completed prior to the
effective date of this section shall be suspended during such deferral
period.  Provides that  nothing herein shall be deemed or construed to
permit or require a district to provide public services and facilities or
to make payment of public funds from sources not otherwise authorized by
law; provides that in consideration of the mutual benefits to be received
by the implementation of a regional development agreement or for other
lawful consideration, a district may contract with any person for the
provision of any service or facility or the payment of funds by such
person, at no cost or expense to the district in support or furtherance of
a regional development agreement to which the district is a party.
Provides that a regional development agreement and any action taken
pursuant thereto by the parties are not subject to approval or appeal
brought under the Water Code.  Requires this section to be liberally
construed so as to give effect to its legislative purposes and to sustain
the validity of regional development agreements. 

SECTION 2.  Provides that an agreement entered into in anticipation of the
passage or effectiveness of this Act, or any portion of such agreement,
shall not be invalid because of its authorization, execution or delivery
prior to the effective date of this Act. 

SECTION 3. Provides that this Act is intended as remedial legislation to
facilitate and to relieve any uncertainty under existing law as to the
authority of certain municipalities and districts to enter into regional
development agreements.   

SECTION 4. Sets forth legislative findings regarding the public necessity
of this legislation. 

SECTION 5. Provides that the public benefits and the furtherance of the
legislative goal of conservation and development of the natural resources
of the state be derived from making certain the existing law facilitates
regional development agreements. 

SECTION 6. Emergency clause.
  Effective date: 90 days after adjournment.