Texas 2021 - 87th Regular

Texas Senate Bill SB1658 Compare Versions

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

Old	New	Differences
1	1	87R5192 MP-D
2	2	By: Bettencourt S.B. No. 1658
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 43.061(a), Local Government Code, is
11	11	amended to read as follows:
12	12	(a) Unless otherwise specifically provided by this chapter
13	13	or another law, this subchapter applies only to an annexation
14	14	under:
15	15	(1) Section 43.0115 (Enclave);
16	16	(2) Section 43.0116 (Industrial District);
17	17	(3) Section 43.012 (Area Owned by Type-A
18	18	Municipality);
19	19	(4) Section 43.013 (Navigable Stream);
20	20	(5) [Section 43.0751(h) (Strategic Partnership);
21	21	[(6)] Section 43.101 (Municipally Owned Reservoir);
22	22	(6) [(7)] Section 43.102 (Municipally Owned Airport);
23	23	and
24	24	(7) [(8)] Section 43.1055 (Road and Right-of-Way).
25	25	SECTION 2. Section 43.0751, Local Government Code, is
26	26	amended by amending Subsections (c), (d), (e), (f), (h), (q), and
27	27	(s) and adding Subsections (c-1), (c-2), (f-1), (f-2), (f-3), and
28	28	(q-1) to read as follows:
29	29	(c) A strategic partnership agreement shall not be
30	30	effective until:
31	31	(1) if the agreement provides for limited-purpose
32	32	annexation, a majority of the voters voting in an election ordered
33	33	under Subsection (c-1) approve the proposed agreement; and
34	34	(2) the proposed agreement is adopted by the governing
35	35	bodies of the municipality and the district.
36	36	(c-1) If the strategic partnership agreement provides for
37	37	limited-purpose annexation, the governing body of the district
38	38	shall order an election to occur on the first uniform election date
39	39	that provides sufficient time to comply with other requirements of
40	40	law to submit to the qualified voters of the district the question
41	41	of approving the proposed strategic partnership agreement. If a
42	42	majority of the voters voting in the election approve the adoption,
43	43	the municipality and the district may adopt the agreement.
44	44	(c-2) An [The] agreement that takes effect under Subsection
45	45	(c) shall be recorded in the deed records of the county or counties
46	46	in which the land included within the district is located and binds
47	47	[shall bind] each owner and each future owner of land included
48	48	within the district's boundaries on the date the agreement becomes
49	49	effective.
50	50	(d) Before the governing body of a municipality or a
51	51	district adopts a strategic partnership agreement, it shall conduct
52	52	two public hearings at which members of the public who wish to
53	53	present testimony or evidence regarding the proposed agreement
54	54	shall be given the opportunity to do so. If the strategic
55	55	partnership agreement provides for limited-purpose annexation, the
56	56	governing body of the district must conduct the hearings required
57	57	under this subsection before the governing body orders an election
58	58	under Subsection (c-1). Notice of public hearings conducted by the
59	59	governing body of a municipality under this subsection shall be
60	60	published in a newspaper of general circulation in the municipality
61	61	and in the district. The notice must be in the format prescribed by
62	62	Section 43.123(b) and must be published at least once on or after
63	63	the 20th day before each date. Notice of public hearings conducted
64	64	by the governing body of a district under this subsection shall be
65	65	given in accordance with the district's notification procedures for
66	66	other matters of public importance. Any notice of a public hearing
67	67	conducted under this subsection must [shall] contain a statement of
68	68	the purpose of the hearing, the date, time, and place of the
69	69	hearing, and the location where copies of the proposed agreement
70	70	may be obtained prior to the hearing. The governing bodies of a
71	71	municipality and a district may conduct joint public hearings under
72	72	this subsection, provided that at least one public hearing is
73	73	conducted within the district.
74	74	(e) The governing body of a municipality may [not] annex a
75	75	district for limited purposes only under this section. The
76	76	governing body of a municipality may not annex a district for
77	77	limited purposes [or under the provisions of Subchapter F] until it
78	78	has adopted a strategic partnership agreement with the district.
79	79	The governing body of a municipality may not adopt a strategic
80	80	partnership agreement before the agreement has been approved by a
81	81	majority of the voters of the affected district voting in an
82	82	election under Subsection (c-1) and adopted by the governing body
83	83	of the affected district.
84	84	(f) A strategic partnership agreement may provide for the
85	85	following:
86	86	(1) limited-purpose annexation of the district on
87	87	terms acceptable to the municipality and the district provided that
88	88	the district continues [shall continue] in existence during the
89	89	period of limited-purpose annexation;
90	90	(2) limited-purpose annexation of a district located
91	91	in a county with a population of more than 3.3 million:
92	92	(A) only if the municipality does not require
93	93	services, permits, or inspections or impose fees for services,
94	94	permits, or inspections within the district; and
95	95	(B) provided that this subsection does not
96	96	prevent the municipality from providing services within the
97	97	district if:
98	98	(i) the provision of services is specified
99	99	and agreed to in the agreement;
100	100	(ii) the provision of services is not
101	101	solely the result of a regulatory plan adopted by the municipality
102	102	in connection with the limited-purpose annexation of the district;
103	103	and
104	104	(iii) the district has obtained the
105	105	authorization of the governmental entity currently providing the
106	106	service;
107	107	(3) payments by the municipality to the district for
108	108	services provided by the district;
109	109	(4) annexation of any commercial property in a
110	110	district for full purposes by the municipality, notwithstanding any
111	111	other provision of this code or the Water Code, except for the
112	112	obligation of the municipality to provide, directly or through
113	113	agreement with other units of government, full provision of
114	114	municipal services to annexed territory, in lieu of any annexation
115	115	of residential property or payment of any fee on residential
116	116	property in lieu of annexation of residential property in the
117	117	district authorized by this subsection;
118	118	(5) a full-purpose annexation provision on terms
119	119	acceptable to the municipality and the district, subject to
120	120	Subsections (f-1), (f-2), and (f-3);
121	121	(6) conversion of the district to a limited district
122	122	including some or all of the land included within the boundaries of
123	123	the district, which conversion shall be effective on the
124	124	full-purpose annexation [conversion] date [established under
125	125	Subdivision (5)];
126	126	(7) the continuation of agreements existing between
127	127	districts and governmental bodies and private providers of
128	128	municipal services in existence on the date a municipality
129	129	evidences its intention by adopting a resolution to negotiate for a
130	130	strategic partnership agreement with the district [shall be
131	131	continued] and the modification of [provision made for
132	132	modifications to] such existing agreements; and
133	133	(8) such other lawful terms that the parties consider
134	134	appropriate.
135	135	(f-1) A strategic partnership agreement that provides for
136	136	limited-purpose annexation must be for a term not to exceed six
137	137	years. The governing body of the district shall order an election
138	138	to occur on the last uniform election date before the expiration
139	139	date of the agreement to submit to the qualified voters of the
140	140	district the question of extending the agreement for an additional
141	141	term of not more than six years. If a majority of the voters voting
142	142	in the election approve the extension, the agreement is extended.
143	143	If less than a majority of the voters voting in the election approve
144	144	the extension, the municipality shall take any action necessary to
145	145	confirm the annexation of the district for full purposes under the
146	146	terms of the agreement or disannex the area annexed for limited
147	147	purposes.
148	148	(f-2) If a strategic partnership agreement is extended for
149	149	an additional term as provided by Subsection (f-1), the governing
150	150	body of the district shall order an election to occur on the last
151	151	uniform election date before that term expires to submit to the
152	152	qualified voters of the district the question of extending the
153	153	agreement for an additional term of not more than six years. If a
154	154	majority of the voters voting in the election under this subsection
155	155	approve the extension, the agreement is extended. If less than a
156	156	majority of the voters voting in the election approve the
157	157	extension, the municipality shall take any action necessary to
158	158	confirm the annexation of the district for full purposes under the
159	159	terms of the agreement or disannex the area annexed for limited
160	160	purposes. If a strategic partnership agreement is extended under
161	161	this subsection, the agreement may not be extended again and, at the
162	162	expiration of that extended term, the municipality shall take any
163	163	action necessary to confirm the annexation of the district for full
164	164	purposes or disannex the area annexed for limited purposes.
165	165	(f-3) This subsection applies only to a strategic
166	166	partnership agreement entered into before September 1, 2021, by a
167	167	municipality and a district that provides for limited-purpose
168	168	annexation. The governing body of the district shall order an
169	169	election to occur on the first uniform election date that allows
170	170	sufficient time to comply with other requirements of law to submit
171	171	to the qualified voters of the district the question of ratifying
172	172	the continuation of the agreement. If a majority of the voters
173	173	voting in the election ratify the agreement, the agreement is
174	174	continued for the term of the agreement. If less than a majority of
175	175	the voters voting in the election ratify the agreement, the
176	176	municipality shall take any action necessary to annex the district
177	177	for full purposes or disannex the area annexed for limited
178	178	purposes.
179	179	(h) [On the full-purpose annexation conversion date set
180	180	forth in the strategic partnership agreement pursuant to Subsection
181	181	(f)(5), the land included within the boundaries of the district
182	182	shall be deemed to be within the full-purpose boundary limits of the
183	183	municipality without the need for further action by the governing
184	184	body of the municipality. The full-purpose annexation conversion
185	185	date established by a strategic partnership agreement may be
186	186	altered only by mutual agreement of the district and the
187	187	municipality. However, nothing herein shall prevent the
188	188	municipality from terminating the agreement and instituting
189	189	proceedings to annex the district, on request by the governing body
190	190	of the district, on any date prior to the full-purpose annexation
191	191	conversion date established by the strategic partnership agreement
192	192	under the procedures prescribed by Subchapter C-1.] Land annexed
193	193	for limited or full purposes under this section shall not be
194	194	included in calculations prescribed by Section 43.055(a).
195	195	(q) The qualified voters of a district annexed for limited
196	196	purposes under a strategic partnership agreement are entitled to
197	197	vote in municipal elections as provided by Section 43.130(a) in the
198	198	same manner as qualified voters of any other area annexed for
199	199	limited purposes, and that subsection applies to a limited-purpose
200	200	annexation under a strategic partnership agreement. Residents of a
201	201	district annexed for limited purposes under a strategic partnership
202	202	agreement are not eligible to be a candidate for or to be elected to
203	203	a municipal office as provided by Section 43.130(b).
204	204	(q-1) Except as provided by Subsection (q) [for Sections
205	205	43.130(a) and (b)], Subchapter F does not apply to a
206	206	limited-purpose annexation under a strategic partnership
207	207	agreement.
208	208	(s) Notwithstanding any other law other than Section
209	209	43.083, the procedures prescribed by Subchapters C-3, C-4, and C-5
210	210	do not apply to the annexation of an area under this section. A
211	211	[Except as provided by Subsection (h), a] municipality shall follow
212	212	the procedures established under the strategic partnership
213	213	agreement for full-purpose annexation of an area under this
214	214	section.
215	215	SECTION 3. Section 43.0751(n-1), Local Government Code, is
216	216	repealed.
217	217	SECTION 4. This Act takes effect September 1, 2021.