87R6416 MP-F
By: Wilson H.B. No. 1929
A BILL TO BE ENTITLED
AN ACT
relating to the breach of development agreement contracts governing
land in the extraterritorial jurisdiction of certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.172, Local Government Code, is
amended by amending Subsections (a), (c), (e), (f), (g), and (h) and
adding Subsections (i), (j), and (k) to read as follows:
(a) In this subchapter:
(1) "Adjudication" of a claim means the bringing of a
civil suit and prosecution to final judgment in county or state
court and includes the bringing of an authorized arbitration
proceeding and prosecution to final resolution in accordance with
any mandatory procedures established in the contract agreement for
the arbitration proceedings.
(2) "Contract" means a contract for a development
agreement authorized by this subchapter.
(3) "Extraterritorial [, "extraterritorial]
jurisdiction" means a municipality's extraterritorial jurisdiction
as determined under Chapter 42.
(c) A contract [An agreement under this subchapter] must:
(1) be in writing;
(2) contain an adequate legal description of the land;
(3) be approved by the governing body of the
municipality and the landowner; and
(4) be recorded in the real property records of each
county in which any part of the land that is subject to the contract
[agreement] is located.
(e) A municipality in an affected county, as defined by
Section 16.341, Water Code, may not enter into a contract [an
agreement under this subchapter] that is inconsistent with the
model rules adopted under Section 16.343, Water Code.
(f) The contract [agreement] between the governing body of
the municipality and the landowner is binding on the municipality
and the landowner and on their respective successors and assigns
for the term of the contract [agreement]. The contract [agreement]
is not binding on, and does not create any encumbrance to title as
to, any end-buyer of a fully developed and improved lot within the
development, except for land use and development regulations that
may apply to a specific lot.
(g) A contract:
(1) [An agreement under this subchapter] constitutes a
permit under Chapter 245; and
(2) is not a loan or grant of public money prohibited
by Section 52, Article III, Texas Constitution.
(h) A contract [An agreement] between a municipality and a
landowner entered into prior to the effective date of this section
and that complies with this section is validated.
(i) A municipality that enters into a contract waives
immunity from suit for the purpose of adjudicating a claim for
breach of the contract.
(j) Except as provided by Subsection (k), actual damages,
specific performance, or injunctive relief may be granted in an
adjudication brought against a municipality for breach of a
contract. The total amount of money awarded in an adjudication
brought against a municipality for breach of a contract is limited
to the following:
(1) the balance due and owed by the municipality under
the contract as it may have been amended;
(2) any amount owed by the landowner as a result of the
municipality's failure to perform under the contract, including
compensation for the increased cost of infrastructure as a result
of delays or accelerations caused by the municipality;
(3) reasonable attorney's fees; and
(4) interest as allowed by law, including interest as
calculated under Chapter 2251, Government Code.
(k) Damages awarded in an adjudication brought against a
municipality for breach of a contract may not include:
(1) consequential damages, except as expressly
allowed under Subsection (j)(2); or
(2) exemplary damages.
SECTION 2. Section 212.174, Local Government Code, is
amended to read as follows:
Sec. 212.174. MUNICIPAL UTILITIES. A municipality may not
require a contract [an agreement under this subchapter] as a
condition for providing water, sewer, electricity, gas, or other
utility service from a municipally owned or municipally operated
utility that provides any of those services.
SECTION 3. The changes in law made by this Act apply only to
a cause of action for a breach of a development agreement contract,
including a contract validated by Section 212.172(h), Local
Government Code, that accrues on or after the effective date of
this Act, except to the extent that a provision of a development
agreement contract entered into before the effective date of this
Act specifically conflicts with those changes.
SECTION 4. This Act takes effect September 1, 2021.