C.S.H.B. 2978 78(R)    BILL ANALYSIS


C.S.H.B. 2978
By: Callegari
Natural Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas law does not clarify the extent of a municipality's
jurisdiction over land annexed for a limited purpose as part of a
strategic partnership agreement with a water control and improvement or
utility district.  C.S.H.B. 2978 clarifies that a municipality shall not
enforce its ordinances or codes within the boundaries of a district
participating in a strategic partnership agreement. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Section 43.0751(a), Local Government Code, to define a
strategic partnership agreement as simply a written agreement between a
municipality and a water control and improvement or municipal utility
district.  Removes language defining a partnership as a written agreement
regarding the terms and conditions for the provision of services and how
long the district will continue to exist for an extended period of time if
the land within the district is annexed for full purposes by the
municipality. 

SECTION 2.  Removes language from Section 43.0751(d), Local Government
Code, authorizing a municipality to combine its public hearings and
notices regarding a strategic partnership agreement with hearings required
for limited annexation.  Amends Section 43.0751(f)(1), Local Government
Code, to state that a strategic partnership agreement may provide for a
limited-purpose annexation of a district on terms acceptable to both
parties.  Provides that Subchapter F, Local Government Code, does not
govern limited purpose annexations under a strategic partnership
agreement. Amends Section 43.0751(f)(2), Local Government Code, to state
that a strategic partnership agreement may provide for the limited purpose
annexation of a district within a county with a population of 3.3 million
or more only if the participating municipality does not enforce its
ordinances or codes within the district.  Provides that a municipality
within a county of 3.3 million may provide services within a district if
the district agrees to such services, the services are not a result of the
regulatory plan, and are approved by the county.  Provides that a
full-purpose annexation as part of a strategic partnership agreement be on
terms that are acceptable to the municipality and the district.  Removes
language specifying terms of full-purpose annexation as part of a
strategic partnership agreement.  Changes Section 43.0751(I), Local
Government Code, to state that a strategic partnership agreement may
provide that a participating district shall not incur additional debt,
liabilities, or other obligations without prior approval by the
municipality.  Removes language stating that a municipality's approval
shall not be unreasonably withheld or delayed.  Removes language stating
that action taken in violation of the section is void. 

SECTION 3.  Effective date.

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute adds Section 43.0751(f)(2), Local Government
Code, in SECTION 2, which establishes certain requirements for limited
purpose annexations of districts located within a county with a population
of more than 3.3 million.  

The substitute also provides that a provision of a strategic partnership
agreement entered into before the effective date of this Act that does not
comply with Section 43.0751 (f) (2), Local Government Code, as amended by
this Act, is not enforceable after the effective date of this Act to the
extent of noncompliance.