H.B. No. 1643
 
 
 
 
AN ACT
  relating to the duration of a development agreement governing land
  in the extraterritorial jurisdiction of certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 212.172(b) and (d), Local Government
  Code, are amended to read as follows:
         (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.
         (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.
         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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1643 was passed by the House on May 3,
  2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1643 was passed by the Senate on May
  19, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor