Bill Text: TX SB1301 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to limited-purpose annexation under strategic partnership agreements for certain districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-07 - Referred to Intergovernmental Relations [SB1301 Detail]
Download: Texas-2019-SB1301-Introduced.html
86R2659 JTS-D | ||
By: Bettencourt | S.B. No. 1301 |
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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 [ |
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(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 [ |
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district for limited purposes only under this section. The | ||
governing body of a municipality may not annex a district for | ||
limited purposes [ |
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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 [ |
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(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) [ |
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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) [ |
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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 [ |
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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. |