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


Senate Research CenterC.S.S.B. 1154
By: Bernsen
Natural Resources
4/12/1999
Committee Report (Substituted)


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, C.S.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.   Sets forth the legislative intent concerning the authority of
certain districts and municipalities to enter into regional development
agreements.   

SECTION 2. Amends Chapter 43D, Local Government Code, by adding Section
43.0752, as follows: 

Sec.  43.0752.  REGIONAL DEVELOPMENT AGREEMENTS. Defines "district,"
"municipality," "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
and the municipality, notwithstanding any other law or municipal charter
provision to the contrary.  Sets forth certain provisions authorized to be
contained in a regional development agreement.  Sets forth certain
requirements for a regional development agreement.   Authorizes another
district to join or become a party to a regional development agreement in
the manner authorized in the agreement, subject to compliance with
Subsection (d)(1) and (3).  Provides that a regional development agreement
need not include a description of the lands contained within the boundaries
of the district(s). Requires the agreement to be recorded in the deed
records of any county  in which any land in the district is located.
Provides that a regional development agreement binds each party to the
agreement and each owner and future owner of land that is subject to the
agreement. Provides that if a party or landowner is excluded or removed
from an agreement, the removal or exclusion is effective on the recordation
requirement of Subsection (d)(3). Prohibits a regional development
agreement from requiring a district to provide public services and
facilities to a person to whom the district is not otherwise authorized to
provide services or facilities or to make payments from any source from
which the district is not otherwise authorized to make payments.
Authorizes a district to contract with any person for services or
facilities to be provided at no cost to the district or for the payment of
funds by the person in support of a regional development agreement.
Provides that a regional development agreement and any action taken under
the agreement is not subject to approval or appeal brought under the Water
Code.  Provides that Section 42.023 and Sections 42.041(b) - (e), Local
Government Code, do not apply to any land or owner of land within a
district that is a party to a regional development agreement during the
period of deferral of annexation  established in a regional development
agreement.  Provides that an annexation proceeding that is not completed
before the effective date of this section is suspended during the deferral
period.  Requires this section to be liberally construed so as to give
effect to its legislative purposes and to sustain the validity of a
regional development agreement if the agreement was entered into or under
or in anticipation of this section. 

SECTION 3.  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 4. Provides that there exists a public necessity and that the
public benefits from and it furthers the legislative goal of conservation
and development of the natural resources of the state to make certain the
existing law facilitates regional development agreements. 

SECTION 5. Emergency clause.
  Effective date: upon passage.



SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to state the bill relates to the establishment
of regional development agreements between certain municipalities and
special districts. 

SECTION 1.

Sets forth the legislative intent concerning the authority of certain
districts and municipalities to enter into regional development agreements.

SECTION 2. 

Amends Section 43.0752, Chapter 43D, Local Government Code, to redefine
"district," "municipality," "planned community," and "regional development
agreement."   Deletes text setting forth the legislative intent.  Provides
that if a party or landowner is excluded or removed from an agreement, the
removal or exclusion is effective on the recordation requirement of
Subsection (d)(3). Deletes text providing 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.  Deletes text requiring 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.  Makes conforming and nonsubstantive
changes. 

SECTION 3. 

Amends SECTION 3 to make nonsubstantive changes.

SECTION 4. 

Sets forth the legislative findings concerning the public necessity and the
public benefits from making certain the existing law facilitates regional
development agreements. Deletes proposed SECTIONS 4 -6. 

SECTION 5.

Makes the effective date upon passage, rather than 90 days after
adjournment.