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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer or exclusion of territory in emergency |
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services districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 775, Health and Safety Code, is amended |
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by adding Subchapter H to read as follows: |
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SUBCHAPTER H. CHANGE IN BOUNDARIES OF DISTRICT WITH PLANNED |
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COMMUNITY |
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Sec. 775.201. DEFINITION. In this subchapter, "planned |
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community" means a planned community of 25,000 or more acres of land |
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originally established under the Urban Growth and New Community |
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Development Act of 1970 (42 U.S.C. Section 4501 et seq.) that is: |
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(1) located wholly or partly in a county with a |
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population of 2.8 million or more; and |
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(2) subject to restrictive covenants containing ad |
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valorem or annual variable budget-based assessments on real |
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property for use in part to finance services of the same general |
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type provided by the district. |
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Sec. 775.202. AGREEMENT ON BOUNDARIES WITH PROPERTY OWNERS |
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IN PLANNED COMMUNITY. (a) After a hearing, a district located |
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wholly in a county with a population of 2.8 million or more may |
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exclude territory by making changes in the district's boundaries in |
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accordance with an agreement among the district and the owners of |
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two-thirds or more in acreage and two-thirds or more in taxable |
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value, according to the most recent certified county property tax |
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rolls, of a defined area of territory of a planned community. |
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(b) The agreement must be in writing and describe: |
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(1) the affected territory by metes and bounds, |
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including the changes in the boundaries to be made; |
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(2) the amount of any compensation to be paid to the |
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district under Section 775.205; |
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(3) the effective date for the changes in boundaries; |
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and |
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(4) any other applicable terms. |
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Sec. 775.203. NOTICE OF HEARING. (a) The board secretary |
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shall give notice of the hearing. |
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(b) The notice must contain the time and place for the |
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hearing and a description of the territory proposed to be excluded. |
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(c) The secretary shall: |
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(1) post copies of the notice for at least 15 days |
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before the date of the hearing in three public places in the |
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district, one of which must be in the territory proposed to be |
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excluded; and |
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(2) not later than the 16th day before the date on |
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which the hearing is held, publish the notice once in a newspaper of |
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general circulation in each county in which the excluded territory |
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is located. |
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Sec. 775.204. ADOPTION OF AGREEMENT AND APPROVAL OF |
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EXCLUSION. After the hearing, if the board finds that the exclusion |
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of the territory would be feasible and would benefit the district, |
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the board shall by a resolution entered in its minutes: |
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(1) adopt the agreement; and |
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(2) approve the exclusion. |
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Sec. 775.205. EFFECT OF ADOPTION OF AGREEMENT AND APPROVAL |
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OF EXCLUSION. (a) After adoption and approval under Section |
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775.204, the district's tax on the property in the excluded |
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territory continues until all agreed compensation has been paid in |
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full. |
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(b) The district shall apply the compensation received |
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under this section toward the payment of the obligations described |
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by Subsection (c). |
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(c) The agreement must provide for the excluded territory to |
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compensate the district in an amount equal to the excluded |
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territory's pro rata share of the outstanding and unpaid bonds, |
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warrants, or other direct and indirect obligations, including loans |
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and lease-purchase agreements and written funding assistance |
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agreements of the district and any not-for-profit fire departments |
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and ambulance agencies or associations, for the financing and |
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payment for firefighting, emergency medical service and emergency |
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rescue equipment, fire and ambulance stations, or similar long-term |
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capital assets to serve the district. |
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(d) The excluded territory's pro rata share is the unpaid |
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principal balances of the outstanding loans and other obligations |
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enumerated above multiplied by a fraction, the numerator of which |
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is the taxable value of the property in the excluded territory and |
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the denominator of which is the taxable value of the entire |
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district, including the excluded territory. The taxable value |
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calculated under this subsection for property in the excluded |
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territory, including as part of the entire district, does not |
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include any special appraisal or exemptions for the property. |
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(e) The agreement to compensate the district does not |
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include the following expenses incurred by the district after the |
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boundaries change: |
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(1) expenses for district operations and maintenance; |
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and |
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(2) expenses for district services. |
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(f) The agreement to compensate the district is required |
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regardless of whether the loans and other obligations are subject |
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to non-appropriation by the district or termination by either party |
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before payment in full of the unpaid principal balance. |
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Sec. 775.206. NO EFFECT ON OUTSTANDING OBLIGATIONS. A |
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change in boundaries under this subchapter does not diminish or |
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impair the rights of the holders of any outstanding and unpaid |
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bonds, warrants, or other district obligations. |
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SECTION 2. Section 272.001(b), Local Government Code, is |
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amended to read as follows: |
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(b) The notice and bidding requirements of Subsection (a) do |
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not apply to the types of land and real property interests described |
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by this subsection and owned by a political subdivision. The land |
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and those interests described by this subsection may not be |
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conveyed, sold, or exchanged for less than the fair market value of |
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the land or interest unless the conveyance, sale, or exchange is |
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with one or more abutting property owners who own the underlying fee |
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simple. The fair market value is determined by an appraisal |
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obtained by the political subdivision that owns the land or |
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interest or, in the case of land or an interest owned by a home-rule |
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municipality, the fair market value may be determined by the price |
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obtained by the municipality at a public auction for which notice to |
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the general public is published in the manner described by |
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Subsection (a). The notice of the auction must include, instead of |
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the content required by Subsection (a), a description of the land, |
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including its location, the date, time, and location of the |
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auction, and the procedures to be followed at the auction. The |
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appraisal or public auction price is conclusive of the fair market |
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value of the land or interest, regardless of any contrary provision |
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of a home-rule charter. This subsection applies to: |
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(1) narrow strips of land, or land that because of its |
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shape, lack of access to public roads, or small area cannot be used |
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independently under its current zoning or under applicable |
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subdivision or other development control ordinances; |
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(2) streets or alleys, owned in fee or used by |
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easement; |
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(3) land or a real property interest originally |
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acquired for streets, rights-of-way, or easements that the |
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political subdivision chooses to exchange for other land to be used |
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for streets, rights-of-way, easements, or other public purposes, |
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including transactions partly for cash; |
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(4) land that the political subdivision wants to have |
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developed by contract with an independent foundation; |
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(5) a real property interest conveyed to: |
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(A) a governmental entity that has the power of |
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eminent domain; or |
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(B) an emergency services district operating |
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under Chapter 775, Health and Safety Code; |
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(6) a municipality's land that is located in a |
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reinvestment zone designated as provided by law and that the |
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municipality desires to have developed under a project plan adopted |
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by the municipality for the zone; or |
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(7) a property interest owned by a defense base |
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development authority established under Chapter 379B [378, Local
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Government Code, as added by Chapter 1221, Acts of the 76th
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Legislature, Regular Session, 1999]. |
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SECTION 3. The changes in law made by this Act apply only to |
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a change in boundaries agreed to on or after the effective date of |
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this Act. A change in boundaries agreed to before the effective |
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date of this Act is governed by the law existing at the time of the |
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agreement, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |