Bill Text: TX SB1658 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to limited-purpose annexation under strategic partnership agreements for certain districts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to Local Government [SB1658 Detail]

Download: Texas-2021-SB1658-Introduced.html
  87R5192 MP-D
 
  By: Bettencourt S.B. No. 1658
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to limited-purpose annexation under strategic partnership
  agreements for certain districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.061(a), Local Government Code, is
  amended to read as follows:
         (a)  Unless otherwise specifically provided by this chapter
  or another law, this subchapter applies only to an annexation
  under:
               (1)  Section 43.0115 (Enclave);
               (2)  Section 43.0116 (Industrial District);
               (3)  Section 43.012 (Area Owned by Type-A
  Municipality);
               (4)  Section 43.013 (Navigable Stream);
               (5)  [Section 43.0751(h) (Strategic Partnership);
               [(6)]  Section 43.101 (Municipally Owned Reservoir);
               (6) [(7)]  Section 43.102 (Municipally Owned Airport);
  and
               (7) [(8)]  Section 43.1055 (Road and Right-of-Way).
         SECTION 2.  Section 43.0751, Local Government Code, is
  amended by amending Subsections (c), (d), (e), (f), (h), (q), and
  (s) and adding Subsections (c-1), (c-2), (f-1), (f-2), (f-3), and
  (q-1) to read as follows:
         (c)  A strategic partnership agreement shall not be
  effective until:
               (1)  if the agreement provides for limited-purpose
  annexation, a majority of the voters voting in an election ordered
  under Subsection (c-1) approve the proposed agreement; and
               (2)  the proposed agreement is adopted by the governing
  bodies of the municipality and the district.
         (c-1)  If the strategic partnership agreement provides for
  limited-purpose annexation, the governing body of the district
  shall order an election to occur on the first uniform election date
  that provides sufficient time to comply with other requirements of
  law to submit to the qualified voters of the district the question
  of approving the proposed strategic partnership agreement. If a
  majority of the voters voting in the election approve the adoption,
  the municipality and the district may adopt the agreement.
         (c-2)  An [The] agreement that takes effect under Subsection
  (c) shall be recorded in the deed records of the county or counties
  in which the land included within the district is located and binds 
  [shall bind] each owner and each future owner of land included
  within the district's boundaries on the date the agreement becomes
  effective.
         (d)  Before the governing body of a municipality or a
  district adopts a strategic partnership agreement, it shall conduct
  two public hearings at which members of the public who wish to
  present testimony or evidence regarding the proposed agreement
  shall be given the opportunity to do so. If the strategic
  partnership agreement provides for limited-purpose annexation, the
  governing body of the district must conduct the hearings required
  under this subsection before the governing body orders an election
  under Subsection (c-1). Notice of public hearings conducted by the
  governing body of a municipality under this subsection shall be
  published in a newspaper of general circulation in the municipality
  and in the district. The notice must be in the format prescribed by
  Section 43.123(b) and must be published at least once on or after
  the 20th day before each date. Notice of public hearings conducted
  by the governing body of a district under this subsection shall be
  given in accordance with the district's notification procedures for
  other matters of public importance. Any notice of a public hearing
  conducted under this subsection must [shall] contain a statement of
  the purpose of the hearing, the date, time, and place of the
  hearing, and the location where copies of the proposed agreement
  may be obtained prior to the hearing. The governing bodies of a
  municipality and a district may conduct joint public hearings under
  this subsection, provided that at least one public hearing is
  conducted within the district.
         (e)  The governing body of a municipality may [not] annex a
  district for limited purposes only under this section. The
  governing body of a municipality may not annex a district for
  limited purposes [or under the provisions of Subchapter F] until it
  has adopted a strategic partnership agreement with the district.
  The governing body of a municipality may not adopt a strategic
  partnership agreement before the agreement has been approved by a
  majority of the voters of the affected district voting in an
  election under Subsection (c-1) and adopted by the governing body
  of the affected district.
         (f)  A strategic partnership agreement may provide for the
  following:
               (1)  limited-purpose annexation of the district on
  terms acceptable to the municipality and the district provided that
  the district continues [shall continue] in existence during the
  period of limited-purpose annexation;
               (2)  limited-purpose annexation of a district located
  in a county with a population of more than 3.3 million:
                     (A)  only if the municipality does not require
  services, permits, or inspections or impose fees for services,
  permits, or inspections within the district; and
                     (B)  provided that this subsection does not
  prevent the municipality from providing services within the
  district if:
                           (i)  the provision of services is specified
  and agreed to in the agreement;
                           (ii)  the provision of services is not
  solely the result of a regulatory plan adopted by the municipality
  in connection with the limited-purpose annexation of the district;
  and
                           (iii)  the district has obtained the
  authorization of the governmental entity currently providing the
  service;
               (3)  payments by the municipality to the district for
  services provided by the district;
               (4)  annexation of any commercial property in a
  district for full purposes by the municipality, notwithstanding any
  other provision of this code or the Water Code, except for the
  obligation of the municipality to provide, directly or through
  agreement with other units of government, full provision of
  municipal services to annexed territory, in lieu of any annexation
  of residential property or payment of any fee on residential
  property in lieu of annexation of residential property in the
  district authorized by this subsection;
               (5)  a full-purpose annexation provision on terms
  acceptable to the municipality and the district, subject to
  Subsections (f-1), (f-2), and (f-3);
               (6)  conversion of the district to a limited district
  including some or all of the land included within the boundaries of
  the district, which conversion shall be effective on the
  full-purpose annexation [conversion] date [established under
  Subdivision (5)];
               (7)  the continuation of agreements existing between
  districts and governmental bodies and private providers of
  municipal services in existence on the date a municipality
  evidences its intention by adopting a resolution to negotiate for a
  strategic partnership agreement with the district [shall be
  continued] and the modification of [provision made for
  modifications to] such existing agreements; and
               (8)  such other lawful terms that the parties consider
  appropriate.
         (f-1)  A strategic partnership agreement that provides for
  limited-purpose annexation must be for a term not to exceed six
  years. The governing body of the district shall order an election
  to occur on the last uniform election date before the expiration
  date of the agreement to submit to the qualified voters of the
  district the question of extending the agreement for an additional
  term of not more than six years. If a majority of the voters voting
  in the election approve the extension, the agreement is extended.
  If less than a majority of the voters voting in the election approve
  the extension, the municipality shall take any action necessary to
  confirm the annexation of the district for full purposes under the
  terms of the agreement or disannex the area annexed for limited
  purposes.
         (f-2)  If a strategic partnership agreement is extended for
  an additional term as provided by Subsection (f-1), the governing
  body of the district shall order an election to occur on the last
  uniform election date before that term expires to submit to the
  qualified voters of the district the question of extending the
  agreement for an additional term of not more than six years. If a
  majority of the voters voting in the election under this subsection
  approve the extension, the agreement is extended. If less than a
  majority of the voters voting in the election approve the
  extension, the municipality shall take any action necessary to
  confirm the annexation of the district for full purposes under the
  terms of the agreement or disannex the area annexed for limited
  purposes. If a strategic partnership agreement is extended under
  this subsection, the agreement may not be extended again and, at the
  expiration of that extended term, the municipality shall take any
  action necessary to confirm the annexation of the district for full
  purposes or disannex the area annexed for limited purposes.
         (f-3)  This subsection applies only to a strategic
  partnership agreement entered into before September 1, 2021, by a
  municipality and a district that provides for limited-purpose
  annexation. The governing body of the district shall order an
  election to occur on the first uniform election date that allows
  sufficient time to comply with other requirements of law to submit
  to the qualified voters of the district the question of ratifying
  the continuation of the agreement. If a majority of the voters
  voting in the election ratify the agreement, the agreement is
  continued for the term of the agreement. If less than a majority of
  the voters voting in the election ratify the agreement, the
  municipality shall take any action necessary to annex the district
  for full purposes or disannex the area annexed for limited
  purposes.
         (h)  [On the full-purpose annexation conversion date set
  forth in the strategic partnership agreement pursuant to Subsection
  (f)(5), the land included within the boundaries of the district
  shall be deemed to be within the full-purpose boundary limits of the
  municipality without the need for further action by the governing
  body of the municipality. The full-purpose annexation conversion
  date established by a strategic partnership agreement may be
  altered only by mutual agreement of the district and the
  municipality. However, nothing herein shall prevent the
  municipality from terminating the agreement and instituting
  proceedings to annex the district, on request by the governing body
  of the district, on any date prior to the full-purpose annexation
  conversion date established by the strategic partnership agreement
  under the procedures prescribed by Subchapter C-1.] Land annexed
  for limited or full purposes under this section shall not be
  included in calculations prescribed by Section 43.055(a).
         (q)  The qualified voters of a district annexed for limited
  purposes under a strategic partnership agreement are entitled to
  vote in municipal elections as provided by Section 43.130(a) in the
  same manner as qualified voters of any other area annexed for
  limited purposes, and that subsection applies to a limited-purpose
  annexation under a strategic partnership agreement. Residents of a
  district annexed for limited purposes under a strategic partnership
  agreement are not eligible to be a candidate for or to be elected to
  a municipal office as provided by Section 43.130(b).
         (q-1)  Except as provided by Subsection (q) [for Sections
  43.130(a) and (b)], Subchapter F does not apply to a
  limited-purpose annexation under a strategic partnership
  agreement.
         (s)  Notwithstanding any other law other than Section
  43.083, the procedures prescribed by Subchapters C-3, C-4, and C-5
  do not apply to the annexation of an area under this section. A
  [Except as provided by Subsection (h), a] municipality shall follow
  the procedures established under the strategic partnership
  agreement for full-purpose annexation of an area under this
  section.
         SECTION 3.  Section 43.0751(n-1), Local Government Code, is
  repealed.
         SECTION 4.  This Act takes effect September 1, 2021.
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