|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to limited-purpose annexation under strategic partnership |
|
agreements for certain districts. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 43.0751, Local Government Code, is |
|
amended by amending Subsections (b), (c), (d), (e), (f), (h), (q), |
|
and (s) and adding Subsections (c-1), (c-2), (f-1), (f-2), (f-3), |
|
and (q-1) to read as follows: |
|
(b) The governing bodies of a municipality and a district |
|
may negotiate and, subject to Subsection (c)(1), enter into a |
|
written strategic partnership agreement for the district by mutual |
|
consent. The governing body of a municipality, on written request |
|
from a district included in the municipality's annexation plan |
|
under Section 43.052, shall negotiate and, subject to Subsection |
|
(c)(1), enter into a written strategic partnership agreement with |
|
the district. A district included in a municipality's annexation |
|
plan under Section 43.052: |
|
(1) may not submit its written request before the date |
|
of the second hearing required under Section 43.0561; and |
|
(2) must submit its written request before the 61st |
|
day after the date of the second hearing required under Section |
|
43.0561. |
|
(c) A strategic partnership agreement shall not be |
|
effective until: |
|
(1) if the agreement provides for limited-purpose |
|
annexation, a majority of the voters voting in an election ordered |
|
under Subsection (c-1) approve the proposed agreement; and |
|
(2) the proposed agreement is adopted by the governing |
|
bodies of the municipality and the district. |
|
(c-1) If the strategic partnership agreement provides for |
|
limited-purpose annexation, the governing body of the district |
|
shall order an election to occur on the first uniform election date |
|
that provides sufficient time to comply with other requirements of |
|
law to submit to the qualified voters of the district the question |
|
of approving the proposed strategic partnership agreement. If a |
|
majority of the voters voting in the election approve the adoption, |
|
the municipality and the district may adopt the agreement. |
|
(c-2) An [The] agreement that takes effect under Subsection |
|
(c) shall be recorded in the deed records of the county or counties |
|
in which the land included within the district is located and shall |
|
bind each owner and each future owner of land included within the |
|
district's boundaries on the date the agreement becomes effective. |
|
(d) Before the governing body of a municipality or a |
|
district adopts a strategic partnership agreement, it shall conduct |
|
two public hearings at which members of the public who wish to |
|
present testimony or evidence regarding the proposed agreement |
|
shall be given the opportunity to do so. If the strategic |
|
partnership agreement provides for limited-purpose annexation, the |
|
governing body of the district must conduct the hearings required |
|
under this subsection before the governing body orders an election |
|
under Subsection (c-1). Notice of public hearings conducted by the |
|
governing body of a municipality under this subsection shall be |
|
published in a newspaper of general circulation in the municipality |
|
and in the district. The notice must be in the format prescribed by |
|
Section 43.123(b) and must be published at least once on or after |
|
the 20th day before each date. Notice of public hearings conducted |
|
by the governing body of a district under this subsection shall be |
|
given in accordance with the district's notification procedures for |
|
other matters of public importance. Any notice of a public hearing |
|
conducted under this subsection shall contain a statement of the |
|
purpose of the hearing, the date, time, and place of the hearing, |
|
and the location where copies of the proposed agreement may be |
|
obtained prior to the hearing. The governing bodies of a |
|
municipality and a district may conduct joint public hearings under |
|
this subsection, provided that at least one public hearing is |
|
conducted within the district. |
|
(e) The governing body of a municipality may [not] annex a |
|
district for limited purposes only under this section. The |
|
governing body of a municipality may not annex a district for |
|
limited purposes [or under the provisions of Subchapter F] until it |
|
has adopted a strategic partnership agreement with the district. |
|
The governing body of a municipality may not adopt a strategic |
|
partnership agreement before the agreement has been approved by a |
|
majority of the voters of the affected district voting in an |
|
election under Subsection (c-1) and adopted by the governing body |
|
of the affected district. |
|
(f) A strategic partnership agreement may provide for the |
|
following: |
|
(1) limited-purpose annexation of the district on |
|
terms acceptable to the municipality and the district provided that |
|
the district shall continue in existence during the period of |
|
limited-purpose annexation; |
|
(2) limited-purpose annexation of a district located |
|
in a county with a population of more than 3.3 million: |
|
(A) only if the municipality does not require |
|
services, permits, or inspections or impose fees for services, |
|
permits, or inspections within the district; and |
|
(B) provided that this subsection does not |
|
prevent the municipality from providing services within the |
|
district if: |
|
(i) the provision of services is specified |
|
and agreed to in the agreement; |
|
(ii) the provision of services is not |
|
solely the result of a regulatory plan adopted by the municipality |
|
in connection with the limited-purpose annexation of the district; |
|
and |
|
(iii) the district has obtained the |
|
authorization of the governmental entity currently providing the |
|
service; |
|
(3) payments by the municipality to the district for |
|
services provided by the district; |
|
(4) annexation of any commercial property in a |
|
district for full purposes by the municipality, notwithstanding any |
|
other provision of this code or the Water Code, except for the |
|
obligation of the municipality to provide, directly or through |
|
agreement with other units of government, full provision of |
|
municipal services to annexed territory, in lieu of any annexation |
|
of residential property or payment of any fee on residential |
|
property in lieu of annexation of residential property in the |
|
district authorized by this subsection; |
|
(5) a full-purpose annexation provision on terms |
|
acceptable to the municipality and the district, subject to |
|
Subsections (f-1), (f-2), and (f-3); |
|
(6) conversion of the district to a limited district |
|
including some or all of the land included within the boundaries of |
|
the district, which conversion shall be effective on the |
|
full-purpose annexation [conversion] date [established under
|
|
Subdivision (5)]; |
|
(7) agreements existing between districts and |
|
governmental bodies and private providers of municipal services in |
|
existence on the date a municipality evidences its intention by |
|
adopting a resolution to negotiate for a strategic partnership |
|
agreement with the district shall be continued and provision made |
|
for modifications to such existing agreements; and |
|
(8) such other lawful terms that the parties consider |
|
appropriate. |
|
(f-1) A strategic partnership agreement that provides for |
|
limited-purpose annexation must be for a term not to exceed six |
|
years. The governing body of the district shall order an election |
|
to occur on the last uniform election date before the expiration |
|
date of the agreement to submit to the qualified voters of the |
|
district the question of extending the agreement for an additional |
|
term of not more than six years. If a majority of the voters voting |
|
in the election approve the extension, the agreement is extended. |
|
If less than a majority of the voters voting in the election approve |
|
the extension, the municipality shall take any action necessary to |
|
confirm the annexation of the district for full purposes under the |
|
terms of the agreement or disannex the area annexed for limited |
|
purposes. |
|
(f-2) If a strategic partnership agreement is extended for |
|
an additional term as provided by Subsection (f-1), the governing |
|
body of the district shall order an election to occur on the last |
|
uniform election date before that term expires to submit to the |
|
qualified voters of the district the question of extending the |
|
agreement for an additional term of not more than six years. If a |
|
majority of the voters voting in the election under this subsection |
|
approve the extension, the agreement is extended. If less than a |
|
majority of the voters voting in the election approve the |
|
extension, the municipality shall take any action necessary to |
|
confirm the annexation of the district for full purposes under the |
|
terms of the agreement or disannex the area annexed for limited |
|
purposes. If a strategic partnership agreement is extended under |
|
this subsection, the agreement may not be extended again and, at the |
|
expiration of that extended term, the municipality shall take any |
|
action necessary to confirm the annexation of the district for full |
|
purposes or disannex the area annexed for limited purposes. |
|
(f-3) This subsection applies only to a strategic |
|
partnership agreement entered into before September 1, 2019, by a |
|
municipality and a district that provides for limited-purpose |
|
annexation. The governing body of the district shall order an |
|
election to occur on the first uniform election date that allows |
|
sufficient time to comply with other requirements of law to submit |
|
to the qualified voters of the district the question of ratifying |
|
the continuation of the agreement. If a majority of the voters |
|
voting in the election ratify the agreement, the agreement is |
|
continued for the term of the agreement. If less than a majority of |
|
the voters voting in the election ratify the agreement, the |
|
municipality shall take any action necessary to annex the district |
|
for full purposes or disannex the area annexed for limited |
|
purposes. |
|
(h) [On the full-purpose annexation conversion date set
|
|
forth in the strategic partnership agreement pursuant to Subsection
|
|
(f)(5), the land included within the boundaries of the district
|
|
shall be deemed to be within the full-purpose boundary limits of the
|
|
municipality without the need for further action by the governing
|
|
body of the municipality. The full-purpose annexation conversion
|
|
date established by a strategic partnership agreement may be
|
|
altered only by mutual agreement of the district and the
|
|
municipality. However, nothing herein shall prevent the
|
|
municipality from terminating the agreement and instituting
|
|
proceedings to annex the district, on request by the governing body
|
|
of the district, on any date prior to the full-purpose annexation
|
|
conversion date established by the strategic partnership agreement
|
|
under the procedures applicable to a tier 1 municipality.] Land |
|
annexed for limited or full purposes under this section shall not be |
|
included in calculations prescribed by Section 43.055(a). |
|
(q) The qualified voters of a district annexed for limited |
|
purposes under a strategic partnership agreement are entitled to |
|
vote in municipal elections as provided by Section 43.130(a) in the |
|
same manner as qualified voters of any other area annexed for |
|
limited purposes, and that subsection applies to a limited-purpose |
|
annexation under a strategic partnership agreement. Residents of a |
|
district annexed for limited purposes under a strategic partnership |
|
agreement are not eligible to be a candidate for or to be elected to |
|
a municipal office as provided by Section 43.130(b). |
|
(q-1) Except as provided by Subsection (q) [for Sections
|
|
43.130(a) and (b)], Subchapter F does not apply to a |
|
limited-purpose annexation under a strategic partnership |
|
agreement. |
|
(s) Notwithstanding any other law, the procedures |
|
prescribed by Subchapters C-3, C-4, and C-5 do not apply to the |
|
annexation of an area under this section. A [Except as provided by
|
|
Subsection (h), a] municipality shall follow the procedures |
|
established under the strategic partnership agreement for |
|
full-purpose annexation of an area under this section. |
|
SECTION 2. Section 43.0751(n-1), Local Government Code, is |
|
repealed. |
|
SECTION 3. This Act takes effect September 1, 2019. |