Bill Text: TX HB1929 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the breach of development agreement contracts governing land in the extraterritorial jurisdiction of certain municipalities.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1929 Detail]

Download: Texas-2021-HB1929-Enrolled.html
 
 
  H.B. No. 1929
 
 
 
 
AN ACT
  relating to the breach of development agreement contracts governing
  land in the extraterritorial jurisdiction of certain
  municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 212.172, Local Government Code, is
  amended by amending Subsections (a), (c), (e), (f), (g), and (h) and
  adding Subsections (i), (j), and (k) to read as follows:
         (a)  In this subchapter:
               (1)  "Adjudication" of a claim means the bringing of a
  civil suit and prosecution to final judgment in county or state
  court and includes the bringing of an authorized arbitration
  proceeding and prosecution to final resolution in accordance with
  any mandatory procedures established in the contract agreement for
  the arbitration proceedings.
               (2)  "Contract" means a contract for a development
  agreement authorized by this subchapter.
               (3)  "Extraterritorial [, "extraterritorial]
  jurisdiction" means a municipality's extraterritorial jurisdiction
  as determined under Chapter 42.
         (c)  A contract [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 contract
  [agreement] is located.
         (e)  A municipality in an affected county, as defined by
  Section 16.341, Water Code, may not enter into a contract [an
  agreement under this subchapter] that is inconsistent with the
  model rules adopted under Section 16.343, Water Code.
         (f)  The contract [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 contract [agreement]. The contract [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.  Annexation by a municipality of land
  subject to a contract does not invalidate the enforceability of the
  contract or infringe on the rights of a party to adjudicate a claim
  arising under the contract.
         (g)  A contract:
               (1)  [An agreement under this subchapter] constitutes a
  permit under Chapter 245; and
               (2)  is a program authorized by the legislature under
  Section 52-a, Article III, Texas Constitution.
         (h)  A contract [An agreement] between a municipality and a
  landowner entered into prior to the effective date of this section,
  or any amendment to this section, and that complies with this
  section is validated, enforceable, and may be adjudicated subject
  to the terms and conditions of this subchapter, as amended.
         (i)  A municipality that enters into a contract waives
  immunity from suit for the purpose of adjudicating a claim for
  breach of the contract.
         (j)  Except as provided by Subsection (k), actual damages,
  specific performance, or injunctive relief may be granted in an
  adjudication brought against a municipality for breach of a
  contract. The total amount of money awarded in an adjudication
  brought against a municipality for breach of a contract is limited
  to the following:
               (1)  the balance due and owed by the municipality under
  the contract as it may have been amended;
               (2)  any amount owed by the landowner as a result of the
  municipality's failure to perform under the contract, including
  compensation for the increased cost of infrastructure as a result
  of delays or accelerations caused by the municipality;
               (3)  reasonable attorney's fees; and
               (4)  interest as allowed by law, including interest as
  calculated under Chapter 2251, Government Code.
         (k)  Damages awarded in an adjudication brought against a
  municipality for breach of a contract may not include:
               (1)  consequential damages, except as expressly
  allowed under Subsection (j)(2); or
               (2)  exemplary damages.
         SECTION 2.  Section 212.174, Local Government Code, is
  amended to read as follows:
         Sec. 212.174.  MUNICIPAL UTILITIES. A municipality may not
  require a contract [an agreement under this subchapter] as a
  condition for providing water, sewer, electricity, gas, or other
  utility service from a municipally owned or municipally operated
  utility that provides any of those services.
         SECTION 3.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1929 was passed by the House on May
  13, 2021, by the following vote:  Yeas 90, Nays 55, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1929 on May 28, 2021, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1929 on May 30, 2021, by the following vote:  Yeas 110,
  Nays 33, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1929 was passed by the Senate, with
  amendments, on May 25, 2021, by the following vote:  Yeas 21, Nays
  10; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1929 on May 30, 2021, by the following vote:  Yeas 21, Nays 10.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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