| 1 | 1 | | By: Zerwas (Senate Sponsor - Hegar) H.B. No. 1643 |
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| 2 | 2 | | (In the Senate - Received from the House May 4, 2011; |
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| 3 | 3 | | May 5, 2011, read first time and referred to Committee on Economic |
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| 4 | 4 | | Development; May 13, 2011, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 6, Nays 0; May 13, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the duration of a development agreement governing land |
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| 11 | 11 | | in the extraterritorial jurisdiction of certain municipalities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 212.172(b) and (d), Local Government |
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| 14 | 14 | | Code, are amended to read as follows: |
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| 15 | 15 | | (b) The governing body of a municipality may make a written |
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| 16 | 16 | | contract with an owner of land that is located in the |
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| 17 | 17 | | extraterritorial jurisdiction of the municipality to: |
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| 18 | 18 | | (1) guarantee the continuation of the |
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| 19 | 19 | | extraterritorial status of the land and its immunity from |
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| 20 | 20 | | annexation by the municipality [for a period not to exceed 15 |
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| 21 | 21 | | years]; |
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| 22 | 22 | | (2) extend the municipality's planning authority over |
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| 23 | 23 | | the land by providing for a development plan to be prepared by the |
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| 24 | 24 | | landowner and approved by the municipality under which certain |
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| 25 | 25 | | general uses and development of the land are authorized; |
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| 26 | 26 | | (3) authorize enforcement by the municipality of |
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| 27 | 27 | | certain municipal land use and development regulations in the same |
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| 28 | 28 | | manner the regulations are enforced within the municipality's |
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| 29 | 29 | | boundaries; |
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| 30 | 30 | | (4) authorize enforcement by the municipality of land |
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| 31 | 31 | | use and development regulations other than those that apply within |
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| 32 | 32 | | the municipality's boundaries, as may be agreed to by the landowner |
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| 33 | 33 | | and the municipality; |
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| 34 | 34 | | (5) provide for infrastructure for the land, |
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| 35 | 35 | | including: |
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| 36 | 36 | | (A) streets and roads; |
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| 37 | 37 | | (B) street and road drainage; |
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| 38 | 38 | | (C) land drainage; and |
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| 39 | 39 | | (D) water, wastewater, and other utility |
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| 40 | 40 | | systems; |
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| 41 | 41 | | (6) authorize enforcement of environmental |
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| 42 | 42 | | regulations; |
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| 43 | 43 | | (7) provide for the annexation of the land as a whole |
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| 44 | 44 | | or in parts and to provide for the terms of annexation, if |
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| 45 | 45 | | annexation is agreed to by the parties; |
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| 46 | 46 | | (8) specify the uses and development of the land |
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| 47 | 47 | | before and after annexation, if annexation is agreed to by the |
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| 48 | 48 | | parties; or |
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| 49 | 49 | | (9) include other lawful terms and considerations the |
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| 50 | 50 | | parties consider appropriate. |
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| 51 | 51 | | (d) [The parties to a contract may renew or extend it for |
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| 52 | 52 | | successive periods not to exceed 15 years each.] The total duration |
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| 53 | 53 | | of the [original] contract and any successive renewals or |
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| 54 | 54 | | extensions may not exceed 45 years. |
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| 55 | 55 | | SECTION 2. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2011. |
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| 60 | 60 | | * * * * * |
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