78R10166 AKH-D
By: Krusee H.B. No. 1197
Substitute the following for H.B. No. 1197:
By: Howard C.S.H.B. No. 1197
A BILL TO BE ENTITLED
AN ACT
relating to authorization for a development agreement between a
municipality and an owner of land in the municipality's
extraterritorial jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 212, Local Government Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. AGREEMENT GOVERNING CERTAIN LAND IN A MUNICIPALITY'S
EXTRATERRITORIAL JURISDICTION
Sec. 212.171. DEVELOPMENT AGREEMENT. (a) In this
subchapter, "extraterritorial jurisdiction" means a municipality's
extraterritorial jurisdiction as determined under Chapter 42.
(b) The governing body of a municipality may make a written
contract with an owner of land that is located in the
extraterritorial jurisdiction of the municipality to:
(1) guarantee the continuation of the
extraterritorial status of the land and its immunity from
annexation by the municipality for a period not to exceed 15 years;
(2) extend the municipality's planning authority over
the land by providing for a development plan to be prepared by the
landowner and approved by the municipality under which certain
general uses and development of the land are authorized;
(3) authorize enforcement by the municipality of
certain municipal land use and development regulations in the same
manner the regulations are enforced within the municipality's
boundaries;
(4) authorize enforcement by the municipality of land
use and development regulations other than those that apply within
the municipality's boundaries, as may be agreed to by the landowner
and the municipality;
(5) provide for infrastructure for the land,
including:
(A) streets and roads;
(B) street and road drainage;
(C) land drainage; and
(D) water, wastewater, and other utility
systems;
(6) authorize enforcement of environmental
regulations;
(7) provide for the annexation of the land as a whole
or in parts and to provide for the terms of annexation, if
annexation is agreed to by the parties;
(8) specify the uses and development of the land
before and after annexation, if annexation is agreed to by the
parties; or
(9) include other lawful terms and considerations the
parties consider appropriate.
(c) An agreement under this subchapter must:
(1) be in writing;
(2) contain an adequate legal description of the land;
(3) be approved by the governing body of the
municipality and the landowner; and
(4) be recorded in the real property records of each
county in which any part of the land that is subject to the
agreement is located.
(d) The parties to a contract may renew or extend it for
successive periods not to exceed 15 years each. The total duration
of the original contract and any successive renewals or extensions
may not exceed 45 years.
(e) A municipality in an affected county, as defined by
Section 16.341, Water Code, may not enter into an agreement under
this subchapter that is inconsistent with the model rules adopted
under Section 16.343, Water Code.
(f) The agreement between the governing body of the
municipality and the landowner is binding on the municipality and
the landowner and on their respective successors and assigns for
the term of the agreement. 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, except for
land use and development regulations that may apply to a specific
lot.
(g) An agreement under this subchapter constitutes a permit
under Chapter 245.
(h) An agreement between a municipality and a landowner
entered into prior to the effective date of this section and that
complies with this section is validated.
Sec. 212.172. CERTAIN COASTAL AREAS. This subchapter does
not apply to, limit, or otherwise affect any ordinance, order,
rule, plan, or standard adopted by this state or a state agency,
county, municipality, or other political subdivision of this state
under the federal Coastal Zone Management Act of 1972 (16 U.S.C.
Section 1451 et seq.), and its subsequent amendments, or Subtitle
E, Title 2, Natural Resources Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.