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