Texas 2009 - 81st Regular

Texas Senate Bill SB2053 Compare Versions

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1	1	By: Williams S.B. No. 2053
2	2	(In the Senate - Filed March 12, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 17, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 3, Nays 0;
6	6	April 17, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2053 By: Gallegos
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to regional participation agreements.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subdivision (2), Subsection (a), Section
15	15	43.0754, Local Government Code, is amended to read as follows:
16	16	(2) "Eligible municipality" means a municipality:
17	17	(A) that has a population of 1.5 million or more
18	18	and that includes in its extraterritorial jurisdiction at least 90
19	19	percent by area of the territory of a district; [or]
20	20	(B) that includes in its extraterritorial
21	21	jurisdiction not more than 10 percent of the territory of a district
22	22	that has entered into a regional participation agreement under this
23	23	section with another eligible municipality described by Paragraph
24	24	(A); or
25	25	(C) with corporate boundaries contiguous to the
26	26	boundaries of a district that has entered into a regional
27	27	participation agreement under this section with another eligible
28	28	municipality described by Paragraph (A) [under this section].
29	29	SECTION 2. Section 43.0754, Local Government Code, is
30	30	amended by amending Subsections (c), (g), (h), (i), and (m) and
31	31	adding Subsection (q) to read as follows:
32	32	(c) A regional participation agreement may provide or allow
33	33	for:
34	34	(1) the establishment, administration, use,
35	35	investment, and application of a regional participation fund, which
36	36	shall be a special fund or escrow account to be used solely for
37	37	funding the costs and expenses of eligible programs or projects;
38	38	(2) payments to be made by a party into the regional
39	39	participation fund for application, currently or in the future,
40	40	toward eligible programs or projects;
41	41	(3) the methods and procedures by which eligible
42	42	programs or projects are prioritized, identified, and selected for
43	43	implementation and are planned, designed, bid, constructed,
44	44	administered, inspected, and completed;
45	45	(4) the methods and procedures for accounting for
46	46	amounts on deposit in, to the credit of, or expended from the
47	47	regional participation fund, as well as any related investment
48	48	income or amounts due and owing to or from any party to the fund;
49	49	(5) credits against payments otherwise due by any
50	50	party under the agreement resulting from taxes, charges, fees,
51	51	assessments, tolls, or other payments in support of or related to
52	52	the usage or costs of eligible programs or projects that are levied
53	53	or imposed upon, assessed against, or made applicable to a party or
54	54	its citizens, ratepayers, taxpayers, or constituents after the
55	55	effective date of the agreement;
56	56	(6) any type of annexation of any part of the territory
57	57	of a district to be deferred by an eligible municipality that is a
58	58	party for a mutually agreeable period;
59	59	(7) the release of [all or part of the] territory [of a
60	60	district] from the extraterritorial jurisdiction of an eligible
61	61	municipality that is a party at a specified time or upon the
62	62	occurrence of specified events;
63	63	(8) the consent of an eligible municipality that is a
64	64	party to the incorporation of, or the adoption of an alternate form
65	65	of government by, all or part of the territory of a district at a
66	66	specified time or upon the occurrence of specified events;
67	67	(9) remedies for breach of the agreement;
68	68	(10) the modification, amendment, renewal, extension,
69	69	or termination of the agreement;
70	70	(11) other districts, eligible municipalities, or
71	71	persons to join the agreement as a party at any time;
72	72	(12) third-party beneficiaries to be specifically
73	73	designated and conferred rights or remedies under the agreement;
74	74	(13) the duration of the agreement, including an
75	75	unlimited term;
76	76	(14) the creation and administration of a nonprofit
77	77	corporation, joint powers agency, local government corporation, or
78	78	other agency for the purpose of administration and management of a
79	79	regional participation fund, program, or project under the
80	80	agreement; and
81	81	(15) any other provision or term to which the parties
82	82	agree.
83	83	(g) A regional participation agreement is not required to
84	84	describe the land contained within the boundaries of [a district
85	85	that is] a party to the agreement, but any territory to be released
86	86	from the extraterritorial jurisdiction of an eligible municipality
87	87	that is a party under an agreement must be described in sufficient
88	88	detail to convey title to land, and the description must be made a
89	89	part of the agreement.
90	90	(h) A regional participation agreement binds each party and
91	91	its legal successor, including a municipality or other form of
92	92	local government, to the agreement for the term specified in the
93	93	agreement and each owner and future owner of land that is subject to
94	94	the agreement during any annexation deferral period established in
95	95	the agreement. If a party, land, or landowner is excluded or
96	96	removed from an agreement, the removal or exclusion is effective on
97	97	the recordation of the amendment, supplement, modification, or
98	98	restatement of the agreement implementing the removal or exclusion.
99	99	(i) A regional participation agreement may not require a
100	100	party [district] to make payments from any funds that are
101	101	restricted, encumbered, or pledged for the payment of contractual
102	102	obligations or indebtedness of the party [district]. Otherwise,
103	103	any party may commit or pledge or may issue bonds payable from or
104	104	secured by a pledge of any available source of funds, including
105	105	unencumbered sales and use taxes, to make payments due or to become
106	106	due under an agreement.
107	107	(m) Notwithstanding any defect, ambiguity, discrepancy,
108	108	invalidity, or unenforceability of a regional participation
109	109	agreement that has been voluntarily entered into and fully executed
110	110	by the parties, or any contrary law, common law doctrine, or
111	111	municipal charter provision, and for the duration of any annexation
112	112	deferral period established in the agreement during which a
113	113	district continues to perform its obligations under the agreement:
114	114	(1) Section 42.023 and any other law or municipal
115	115	charter provision relating to the reduction of the extraterritorial
116	116	jurisdiction of an eligible municipality that is a party do not
117	117	apply, and Sections 42.041(b)-(e) do not apply to any land or owner
118	118	of land within a district that is a party;
119	119	(2) the governing body of an eligible municipality
120	120	that is a party may not initiate or continue an annexation
121	121	proceeding relating to that area but may include the area covered by
122	122	the agreement in a municipal annexation plan; and
123	123	(3) any area [of a district] that is [a party] to be
124	124	released from the extraterritorial jurisdiction of an eligible
125	125	municipality that is a party under an agreement, or that is to be
126	126	incorporated or included within an alternate form of government
127	127	with the consent of a municipality that is a party under an
128	128	agreement, shall, by operation of law and without further action by
129	129	a party or its governing body, be released from the
130	130	extraterritorial jurisdiction, or consent of the municipality to
131	131	the incorporation or adoption of an alternate form of government by
132	132	the district shall be deemed to have been given, as appropriate
133	133	under the agreement, at the time or upon the occurrence of the
134	134	events specified in the agreement.
135	135	(q) For purposes of Subchapter I, Chapter 271:
136	136	(1) a district or eligible municipality is a "local
137	137	governmental entity" within the meaning of Section 271.151(3); and
138	138	(2) a regional participation agreement is a "contract
139	139	subject to this subchapter" within the meaning of Section
140	140	271.151(2), without regard to whether the agreement is for
141	141	providing goods or services.
142	142	SECTION 3. Subsection (q), Section 43.0754, Local
143	143	Government Code, as added by this Act, applies only to a cause of
144	144	action that accrues on or after the effective date of this Act. A
145	145	cause of action that accrues before the effective date of this Act
146	146	is governed by the law in effect immediately before that date, and
147	147	that law is continued in effect for that purpose.
148	148	SECTION 4. This Act takes effect September 1, 2009.
149	149	* * * * *