Texas 2015 - 84th Regular

Texas Senate Bill SB616 Compare Versions

Only one version of the bill is available at this time.

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1	1	84R6480 PAM-D
2	2	By: Burton S.B. No. 616
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eliminating authority of municipalities to annex for
8	8	limited purposes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 43, Local Government Code,
11	11	is amended by adding Section 43.003 to read as follows:
12	12	Sec. 43.003. LIMITED PURPOSE ANNEXATION PROHIBITED. (a)
13	13	Beginning September 1, 2015, a municipality may not annex an area
14	14	for the limited purposes of applying its planning, zoning, health,
15	15	and safety ordinances in the area.
16	16	(b) This section supersedes any municipal charter provision
17	17	that conflicts with this section.
18	18	SECTION 2. Section 43.052(k), Local Government Code, is
19	19	amended to read as follows:
20	20	(k) Notwithstanding the restrictions imposed by Subsections
21	21	(e) and (g), under an agreement described by Section 43.0563 a
22	22	municipality may annex an area [for full or limited purposes] at any
23	23	time on petition of the owner of the area for the annexation if the
24	24	area:
25	25	(1) is in the municipality's annexation plan; or
26	26	(2) was previously in the municipality's annexation
27	27	plan but removed under Subsection (e).
28	28	SECTION 3. Section 43.0751(a)(2), Local Government Code, is
29	29	amended to read as follows:
30	30	(2) "Limited district" means a district that, pursuant
31	31	to a strategic partnership agreement, continues to exist after
32	32	[full-purpose] annexation by a municipality in accordance with the
33	33	terms of a strategic partnership agreement.
34	34	SECTION 4. Section 43.0751, Local Government Code, is
35	35	amended by amending Subsections (d), (e), (f), (g), (h), (j), (k),
36	36	(m), and (n) and adding Subsection (e-1) to read as follows:
37	37	(d) Before the governing body of a municipality or a
38	38	district adopts a strategic partnership agreement, it shall conduct
39	39	two public hearings at which members of the public who wish to
40	40	present testimony or evidence regarding the proposed agreement
41	41	shall be given the opportunity to do so. Notice of public hearings
42	42	conducted by the governing body of a municipality under this
43	43	subsection shall be published in a newspaper of general circulation
44	44	in the municipality and in the district[. The notice must be in the
45	45	format prescribed by Section 43.123(b)] and must be published at
46	46	least once on or after the 20th day before the [each] date of each
47	47	hearing. The notice may not be smaller than one-quarter page of a
48	48	standard-size or tabloid-size newspaper, and the headline on the
49	49	notice must be in 18-point or larger type. Notice of public
50	50	hearings conducted by the governing body of a district under this
51	51	subsection shall be given in accordance with the district's
52	52	notification procedures for other matters of public importance.
53	53	Any notice of a public hearing conducted under this subsection
54	54	shall contain a statement of the purpose of the hearing, the date,
55	55	time, and place of the hearing, and the location where copies of the
56	56	proposed agreement may be obtained prior to the hearing. The
57	57	governing bodies of a municipality and a district may conduct joint
58	58	public hearings under this subsection, provided that at least one
59	59	public hearing is conducted within the district.
60	60	(e) [The governing body of a municipality may not annex a
61	61	district for limited purposes under this section or under the
62	62	provisions of Subchapter F until it has adopted a strategic
63	63	partnership agreement with the district.] The governing body of a
64	64	municipality may not adopt a strategic partnership agreement before
65	65	the agreement has been adopted by the governing body of the affected
66	66	district.
67	67	(e-1) Beginning September 1, 2015, a strategic partnership
68	68	agreement may not provide for limited purpose annexation.
69	69	(f) A strategic partnership agreement may provide for the
70	70	following:
71	71	(1) [limited-purpose annexation of the district on
72	72	terms acceptable to the municipality and the district provided that
73	73	the district shall continue in existence during the period of
74	74	limited-purpose annexation;
75	75	[(2) limited-purpose annexation of a district located
76	76	in a county with a population of more than 3.3 million:
77	77	[(A) only if the municipality does not require
78	78	services, permits, or inspections or impose fees for services,
79	79	permits, or inspections within the district; and
80	80	[(B) provided that this subsection does not
81	81	prevent the municipality from providing services within the
82	82	district if:
83	83	[(i) the provision of services is specified
84	84	and agreed to in the agreement;
85	85	[(ii) the provision of services is not
86	86	solely the result of a regulatory plan adopted by the municipality
87	87	in connection with the limited-purpose annexation of the district;
88	88	and
89	89	[(iii) the district has obtained the
90	90	authorization of the governmental entity currently providing the
91	91	service;
92	92	[(3)] payments by the municipality to the district for
93	93	services provided by the district;
94	94	(2) [(4)] annexation of any commercial property in a
95	95	district [for full purposes] by the municipality, notwithstanding
96	96	any other provision of this code or the Water Code, except for the
97	97	obligation of the municipality to provide, directly or through
98	98	agreement with other units of government, full provision of
99	99	municipal services to annexed territory, in lieu of any annexation
100	100	of residential property or payment of any fee on residential
101	101	property in lieu of annexation of residential property in the
102	102	district authorized by this subsection;
103	103	(3) an [(5) a full-purpose] annexation provision on
104	104	terms acceptable to the municipality and the district;
105	105	(4) [(6)] conversion of the district to a limited
106	106	district including some or all of the land included within the
107	107	boundaries of the district, which conversion shall be effective on
108	108	the [full-purpose] annexation conversion date established under
109	109	Subdivision (3) [(5)];
110	110	(5) [(7)] agreements existing between districts and
111	111	governmental bodies and private providers of municipal services in
112	112	existence on the date a municipality evidences its intention by
113	113	adopting a resolution to negotiate for a strategic partnership
114	114	agreement with the district shall be continued and provision made
115	115	for modifications to such existing agreements; and
116	116	(6) [(8)] such other lawful terms that the parties
117	117	consider appropriate.
118	118	(g) A strategic partnership agreement that provides for the
119	119	creation of a limited district under Subsection (f)(4) [(f)(6)]
120	120	shall include provisions setting forth the following:
121	121	(1) the boundaries of the limited district;
122	122	(2) the functions of the limited district and the term
123	123	during which the limited district shall exist after [full-purpose]
124	124	annexation, which term may be renewed successively by the governing
125	125	body of the municipality, provided that no such original or renewed
126	126	term shall exceed 10 years;
127	127	(3) the name by which the limited district shall be
128	128	known; and
129	129	(4) the procedure by which the limited district may be
130	130	dissolved prior to the expiration of any term established under
131	131	Subdivision (2).
132	132	(h) On the [full-purpose] annexation conversion date set
133	133	forth in the strategic partnership agreement pursuant to Subsection
134	134	(f)(3) [(f)(5)(A)], the land included within the boundaries of the
135	135	district shall be deemed to be within the [full-purpose] boundary
136	136	limits of the municipality without the need for further action by
137	137	the governing body of the municipality. The [full-purpose]
138	138	annexation conversion date established by a strategic partnership
139	139	agreement may be altered only by mutual agreement of the district
140	140	and the municipality. However, nothing herein shall prevent the
141	141	municipality from terminating the agreement and instituting
142	142	proceedings to annex the district, on request by the governing body
143	143	of the district, on any date prior to the [full-purpose] annexation
144	144	conversion date established by the strategic partnership
145	145	agreement. Land annexed [for limited or full purposes] under this
146	146	section shall not be included in calculations prescribed by Section
147	147	43.055(a).
148	148	(j) Except as limited by this section or the terms of a
149	149	strategic partnership agreement, a district that has been annexed
150	150	for limited purposes by a municipality before September 1, 2015,
151	151	and a limited district shall have and may exercise all functions,
152	152	powers, and authority otherwise vested in a district.
153	153	(k) A municipality that has annexed all or part of a
154	154	district for limited purposes under this section before September
155	155	1, 2015, may impose a sales and use tax within the boundaries of the
156	156	part of the district that is annexed for limited purposes. Except
157	157	to the extent it is inconsistent with this section, Chapter 321, Tax
158	158	Code, governs the imposition, computation, administration,
159	159	governance, and abolition of the sales and use tax.
160	160	(m) A municipality that has annexed [may annex] a district
161	161	for limited purposes to implement a strategic partnership agreement
162	162	under this section before September 1, 2015, shall not annex for
163	163	full purposes any territory within a district created pursuant to a
164	164	consent agreement with that municipality executed before August 27,
165	165	1979. The prohibition on annexation established by this subsection
166	166	shall expire on September 1, 1997, or on the date on or before which
167	167	the municipality and any district may have separately agreed that
168	168	annexation would not take place whichever is later.
169	169	(n) This subsection applies only to a municipality any
170	170	portion of which is located in a county that has a population of not
171	171	less than 285,000 and not more than 300,000 and that borders the
172	172	Gulf of Mexico and is adjacent to a county with a population of more
173	173	than 3.3 million. A municipality may impose within the boundaries
174	174	of a district a municipal sales and use tax authorized by Chapter
175	175	321, Tax Code, or a municipal hotel occupancy tax authorized by
176	176	Chapter 351, Tax Code, that is imposed in the municipality if:
177	177	(1) the municipality has annexed the district for
178	178	limited purposes under this section before September 1, 2015; or
179	179	(2) following two public hearings on the matter, the
180	180	municipality and the district enter a written agreement providing
181	181	for the imposition of the tax or taxes.
182	182	SECTION 5. Subchapter D, Chapter 43, Local Government Code,
183	183	is amended by adding Section 43.07512 to read as follows:
184	184	Sec. 43.07512. LIMITED PURPOSE ANNEXATION OF ANY SPECIAL
185	185	DISTRICT PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT. (a) In
186	186	this section, "special district" means a political subdivision of
187	187	this state with a limited geographic area created by local law or
188	188	under general law for a special purpose.
189	189	(b) Notwithstanding any other general or local law, a
190	190	strategic partnership agreement entered into on or after September
191	191	1, 2015, may not provide for the limited purpose annexation of all
192	192	or part of a special district.
193	193	SECTION 6. Subchapter F, Chapter 43, Local Government Code,
194	194	is amended by adding Section 43.1211 to read as follows:
195	195	Sec. 43.1211. APPLICABILITY. This subchapter applies to an
196	196	area that was annexed for a limited purpose as authorized before
197	197	September 1, 2015.
198	198	SECTION 7. Section 43.127(a), Local Government Code, is
199	199	amended to read as follows:
200	200	(a) On [Except as provided by Section 43.123(e), on] or
201	201	before the date prescribed by the regulatory plan prepared for the
202	202	limited purpose area [under Section 43.123(d)(2)], the
203	203	municipality must annex the area for full purposes. [This
204	204	requirement may be waived and the date for full-purpose annexation
205	205	postponed by written agreement between the municipality and a
206	206	majority of the affected landowners. A written agreement to waive
207	207	the municipality's obligation to annex the area for full purposes
208	208	binds all future owners of land annexed for limited purposes
209	209	pursuant to that waiver.]
210	210	SECTION 8. Section 43.203(a), Local Government Code, is
211	211	amended to read as follows:
212	212	(a) This section applies only to the [The] governing body of
213	213	a district that by resolution petitioned [may petition] a
214	214	municipality to alter the annexation status of land in the district
215	215	from full-purpose annexation to limited-purpose annexation and
216	216	before September 1, 2015:
217	217	(1) entered into an agreement to alter the status of
218	218	annexation as provided by this section; or
219	219	(2) had its status automatically altered by operation
220	220	of Subsection (c).
221	221	SECTION 9. Sections 43.0751(r), 43.121, 43.122, 43.123,
222	222	43.124, 43.125, 43.126, and 43.129, Local Government Code, are
223	223	repealed.
224	224	SECTION 10. This Act takes effect September 1, 2015.