SRC-VRA S.B. 1711 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1711
78R2893 AKH-DBy: Wentworth
Intergovernmental Relations
4/14/2003
As Filed


DIGEST AND PURPOSE 

Currently, there is no specific statutory authorization for a municipality
to enter into an agreement with an owner of land in the municipality's
extraterritorial jurisdiction to govern the future development of the
land.  As proposed, S.B. 1711 authorizes the governing body of a
municipality to make a written contract with an owner of land that is
located in the extraterritorial jurisdiction of the municipality to
authorize some other type of use. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 212, Local Government Code, by adding
Subchapter G, as follows: 

SUBCHAPTER G.  AGREEMENT GOVERNING CERTAIN LAND IN A MUNICIPALITY'S 
EXTRATERRITORIAL JURISDICTION.

Sec.  212.171.  DEVELOPMENT AGREEMENT.  (a)  Defines "extraterritorial
jurisdiction." 

(b)  Authorizes the governing body of a municipality to make a written
contract with an owner of land that is located in the extraterritorial
jurisdiction of the municipality to perform certain tasks. 

  (c)  Requires an agreement under this section to meet certain standards.

(d)  Authorizes the parties to a contract to renew or extend it for
successive periods not to exceed 15 years each.  Prohibits the total
duration of the original contract and any successive renewals or
extensions from exceeding 45 years.  

(e)  Provides that the agreement between the governing body of the
municipality and the landowner is binding on their respective successors
and assigns.  Provides that the agreement is not binding on, and does not
create any encumbrance to title as to, any end-buyer of a fully developed
and improved lot within the development. 

(f)  Provides that to the extent a municipality requires a permit under
Chapter 245 for the use or development of the land governed by an
agreement under this section, the agreement satisfies the requirements for
a permit.  

SECTION 2.  Effective date:  upon passage or September 1, 2003.