Texas 2017 - 85th Regular

Texas Senate Bill SB1662 Compare Versions

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

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1	1	85R12386 PAM-D
2	2	By: Bettencourt S.B. No. 1662
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limited-purpose annexation under strategic partnership
8	8	agreements for certain districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 43.0751, Local Government Code, is
11	11	amended by amending Subsections (b), (c), (d), (e), (f), (h), and
12	12	(q) and adding Subsections (c-1), (c-2), (f-1), (f-2), (f-3), and
13	13	(q-1) to read as follows:
14	14	(b) The governing bodies of a municipality and a district
15	15	may negotiate and, subject to Subsection (c)(1), enter into a
16	16	written strategic partnership agreement for the district by mutual
17	17	consent. The governing body of a municipality, on written request
18	18	from a district included in the municipality's annexation plan
19	19	under Section 43.052, shall negotiate and, subject to Subsection
20	20	(c)(1), enter into a written strategic partnership agreement with
21	21	the district. A district included in a municipality's annexation
22	22	plan under Section 43.052:
23	23	(1) may not submit its written request before the date
24	24	of the second hearing required under Section 43.0561; and
25	25	(2) must submit its written request before the 61st
26	26	day after the date of the second hearing required under Section
27	27	43.0561.
28	28	(c) A strategic partnership agreement shall not be
29	29	effective until:
30	30	(1) if the agreement provides for limited-purpose
31	31	annexation, a majority of the voters voting in an election ordered
32	32	under Subsection (c-1) approve the proposed agreement; and
33	33	(2) the proposed agreement is adopted by the governing
34	34	bodies of the municipality and the district.
35	35	(c-1) If the strategic partnership agreement provides for
36	36	limited-purpose annexation, the governing body of the district
37	37	shall order an election to occur on the first uniform election date
38	38	that provides sufficient time to comply with other requirements of
39	39	law to submit to the qualified voters of the district the question
40	40	of approving the proposed strategic partnership agreement. If a
41	41	majority of the voters voting in the election approve the adoption,
42	42	the municipality and the district may adopt the agreement.
43	43	(c-2) An [The] agreement that takes effect under Subsection
44	44	(c) shall be recorded in the deed records of the county or counties
45	45	in which the land included within the district is located and shall
46	46	bind each owner and each future owner of land included within the
47	47	district's boundaries on the date the agreement becomes effective.
48	48	(d) Before the governing body of a municipality or a
49	49	district adopts a strategic partnership agreement, it shall conduct
50	50	two public hearings at which members of the public who wish to
51	51	present testimony or evidence regarding the proposed agreement
52	52	shall be given the opportunity to do so. If the strategic
53	53	partnership agreement provides for limited-purpose annexation, the
54	54	governing body of the district must conduct the hearings required
55	55	under this subsection before the governing body orders an election
56	56	under Subsection (c-1). Notice of public hearings conducted by the
57	57	governing body of a municipality under this subsection shall be
58	58	published in a newspaper of general circulation in the municipality
59	59	and in the district. The notice must be in the format prescribed by
60	60	Section 43.123(b) and must be published at least once on or after
61	61	the 20th day before each date. Notice of public hearings conducted
62	62	by the governing body of a district under this subsection shall be
63	63	given in accordance with the district's notification procedures for
64	64	other matters of public importance. Any notice of a public hearing
65	65	conducted under this subsection shall contain a statement of the
66	66	purpose of the hearing, the date, time, and place of the hearing,
67	67	and the location where copies of the proposed agreement may be
68	68	obtained prior to the hearing. The governing bodies of a
69	69	municipality and a district may conduct joint public hearings under
70	70	this subsection, provided that at least one public hearing is
71	71	conducted within the district.
72	72	(e) The governing body of a municipality may only [not]
73	73	annex a district for limited purposes under this section. The
74	74	governing body of a municipality may not annex a district for
75	75	limited purposes [or under the provisions of Subchapter F] until it
76	76	has adopted a strategic partnership agreement with the district.
77	77	The governing body of a municipality may not adopt a strategic
78	78	partnership agreement before the agreement has been approved by a
79	79	majority of the voters of the affected district voting in an
80	80	election under Subsection (c-1) and adopted by the governing body
81	81	of the affected district.
82	82	(f) A strategic partnership agreement may provide for the
83	83	following:
84	84	(1) limited-purpose annexation of the district on
85	85	terms acceptable to the municipality and the district provided that
86	86	the district shall continue in existence during the period of
87	87	limited-purpose annexation;
88	88	(2) limited-purpose annexation of a district located
89	89	in a county with a population of more than 3.3 million:
90	90	(A) only if the municipality does not require
91	91	services, permits, or inspections or impose fees for services,
92	92	permits, or inspections within the district; and
93	93	(B) provided that this subsection does not
94	94	prevent the municipality from providing services within the
95	95	district if:
96	96	(i) the provision of services is specified
97	97	and agreed to in the agreement;
98	98	(ii) the provision of services is not
99	99	solely the result of a regulatory plan adopted by the municipality
100	100	in connection with the limited-purpose annexation of the district;
101	101	and
102	102	(iii) the district has obtained the
103	103	authorization of the governmental entity currently providing the
104	104	service;
105	105	(3) payments by the municipality to the district for
106	106	services provided by the district;
107	107	(4) annexation of any commercial property in a
108	108	district for full purposes by the municipality, notwithstanding any
109	109	other provision of this code or the Water Code, except for the
110	110	obligation of the municipality to provide, directly or through
111	111	agreement with other units of government, full provision of
112	112	municipal services to annexed territory, in lieu of any annexation
113	113	of residential property or payment of any fee on residential
114	114	property in lieu of annexation of residential property in the
115	115	district authorized by this subsection;
116	116	(5) a full-purpose annexation provision on terms
117	117	acceptable to the municipality and the district, subject to
118	118	Subsections (f-1), (f-2), and (f-3);
119	119	(6) conversion of the district to a limited district
120	120	including some or all of the land included within the boundaries of
121	121	the district, which conversion shall be effective on the
122	122	full-purpose annexation [conversion] date [established under
123	123	Subdivision (5)];
124	124	(7) agreements existing between districts and
125	125	governmental bodies and private providers of municipal services in
126	126	existence on the date a municipality evidences its intention by
127	127	adopting a resolution to negotiate for a strategic partnership
128	128	agreement with the district shall be continued and provision made
129	129	for modifications to such existing agreements; and
130	130	(8) such other lawful terms that the parties consider
131	131	appropriate.
132	132	(f-1) A strategic partnership agreement that provides for
133	133	limited-purpose annexation must be for a term not to exceed six
134	134	years. The governing body of the district shall order an election
135	135	to occur on the last uniform election date before the expiration
136	136	date of the agreement to submit to the qualified voters of the
137	137	district the question of extending the agreement for an additional
138	138	term of not more than six years. If a majority of the voters voting
139	139	in the election approve the extension, the agreement is extended.
140	140	If less than a majority of the voters voting in the election approve
141	141	the extension, the municipality shall take any action necessary to
142	142	confirm the annexation of the district for full purposes under the
143	143	terms of the agreement or disannex the area annexed for limited
144	144	purposes.
145	145	(f-2) If a strategic partnership agreement is extended for
146	146	an additional term as provided by Subsection (f-1), the governing
147	147	body of the district shall order an election to occur on the last
148	148	uniform election date before that term expires to submit to the
149	149	qualified voters of the district the question of extending the
150	150	agreement for an additional term of not more than six years. If a
151	151	majority of the voters voting in the election under this subsection
152	152	approve the extension, the agreement is extended. If less than a
153	153	majority of the voters voting in the election approve the
154	154	extension, the municipality shall take any action necessary to
155	155	confirm the annexation of the district for full purposes under the
156	156	terms of the agreement or disannex the area annexed for limited
157	157	purposes. If a strategic partnership agreement is extended under
158	158	this subsection, the agreement may not be extended again and, at the
159	159	expiration of that extended term, the municipality shall take any
160	160	action necessary to confirm the annexation of the district for full
161	161	purposes or disannex the area annexed for limited purposes.
162	162	(f-3) This subsection applies only to a strategic
163	163	partnership agreement entered into before September 1, 2017, by a
164	164	municipality and a district that provides for limited-purpose
165	165	annexation. The governing body of the district shall order an
166	166	election to occur on the first uniform election date that allows
167	167	sufficient time to comply with other requirements of law to submit
168	168	to the qualified voters of the district the question of ratifying
169	169	the continuation of the agreement. If a majority of the voters
170	170	voting in the election ratify the agreement, the agreement is
171	171	continued for the term of the agreement. If less than a majority of
172	172	the voters voting in the election ratify the agreement, the
173	173	municipality shall take any action necessary to annex the district
174	174	for full purposes or disannex the area annexed for limited
175	175	purposes.
176	176	(h) [On the full-purpose annexation conversion date set
177	177	forth in the strategic partnership agreement pursuant to Subsection
178	178	(f)(5)(A), the land included within the boundaries of the district
179	179	shall be deemed to be within the full-purpose boundary limits of the
180	180	municipality without the need for further action by the governing
181	181	body of the municipality. The full-purpose annexation conversion
182	182	date established by a strategic partnership agreement may be
183	183	altered only by mutual agreement of the district and the
184	184	municipality. However, nothing herein shall prevent the
185	185	municipality from terminating the agreement and instituting
186	186	proceedings to annex the district, on request by the governing body
187	187	of the district, on any date prior to the full-purpose annexation
188	188	conversion date established by the strategic partnership
189	189	agreement.] Land annexed for limited or full purposes under this
190	190	section shall not be included in calculations prescribed by Section
191	191	43.055(a).
192	192	(q) The qualified voters of a district annexed for limited
193	193	purposes under a strategic partnership agreement are entitled to
194	194	vote in municipal elections as provided by Section 43.130(a) in the
195	195	same manner as qualified voters of any other area annexed for
196	196	limited purposes, and that subsection applies to a limited-purpose
197	197	annexation under a strategic partnership agreement. Residents of a
198	198	district annexed for limited purposes under a strategic partnership
199	199	agreement are not eligible to be a candidate for or to be elected to
200	200	a municipal office as provided by Section 43.130(b).
201	201	(q-1) Except as provided by Subsection (q) [for Sections
202	202	43.130(a) and (b)], Subchapter F does not apply to a
203	203	limited-purpose annexation under a strategic partnership
204	204	agreement.
205	205	SECTION 2. Section 43.0751(n-1), Local Government Code, is
206	206	repealed.
207	207	SECTION 3. This Act takes effect September 1, 2017.