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AN ACT
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relating to the duration of a development agreement governing land |
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in the extraterritorial jurisdiction of certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 212.172(b) and (d), Local Government |
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Code, are amended to read as follows: |
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(b) The governing body of a municipality may make a written |
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contract with an owner of land that is located in the |
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extraterritorial jurisdiction of the municipality to: |
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(1) guarantee the continuation of the |
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extraterritorial status of the land and its immunity from |
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annexation by the municipality [for a period not to exceed 15
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years]; |
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(2) extend the municipality's planning authority over |
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the land by providing for a development plan to be prepared by the |
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landowner and approved by the municipality under which certain |
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general uses and development of the land are authorized; |
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(3) authorize enforcement by the municipality of |
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certain municipal land use and development regulations in the same |
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manner the regulations are enforced within the municipality's |
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boundaries; |
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(4) authorize enforcement by the municipality of land |
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use and development regulations other than those that apply within |
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the municipality's boundaries, as may be agreed to by the landowner |
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and the municipality; |
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(5) provide for infrastructure for the land, |
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including: |
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(A) streets and roads; |
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(B) street and road drainage; |
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(C) land drainage; and |
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(D) water, wastewater, and other utility |
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systems; |
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(6) authorize enforcement of environmental |
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regulations; |
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(7) provide for the annexation of the land as a whole |
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or in parts and to provide for the terms of annexation, if |
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annexation is agreed to by the parties; |
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(8) specify the uses and development of the land |
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before and after annexation, if annexation is agreed to by the |
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parties; or |
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(9) include other lawful terms and considerations the |
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parties consider appropriate. |
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(d) [The parties to a contract may renew or extend it for
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successive periods not to exceed 15 years each.] The total duration |
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of the [original] contract and any successive renewals or |
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extensions may not exceed 45 years. |
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SECTION 2. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1643 was passed by the House on May 3, |
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2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1643 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |