HBA-NLM S.B. 1154 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1154 By: Bernsen Land & Resource Management 5/5/1999 Engrossed BACKGROUND AND PURPOSE Under current Texas law, municipalities and conservation and reclamation districts are not authorized to enter into regional development agreements. S.B. 1154 authorizes certain districts and municipalities to enter into regional development agreements. This bill specifies that the agreement binds each party to the agreement and each owner and future owner of land that is subject to the agreement. In addition, S.B. 1154 prohibits the agreement from requiring a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Sets forth the intent of the legislature relating to the authority of a municipality and certain conservation and reclamation districts to negotiate and enter into an agreement. SECTION 2. Amends Subchapter D, Chapter 43, Local Government Code, by adding Section 43.0752, as follows: Sec. 43.0752. REGIONAL DEVELOPMENT AGREEMENTS. (a) Defines "district," "municipality," "planned community," and "regional development agreement." (b) Authorizes the governing body of the municipality and the governing body of one or more districts to enter into a regional development agreement (agreement) to further regional cooperation between the municipality and the districts, notwithstanding any contrary law or municipal charter provision. (c) Authorizes an agreement to allow certain actions to be taken and conditions to be made by parties under the agreement. (d) Specifies that an agreement must be in writing, approved by the governing body of the municipality and the district, and recorded in the manner provided by this subsection. (e) Authorizes another district, subject to compliance with Subsection (d), to join or become a party to an agreement in the manner authorized in the agreement. (f) Provides that an agreement does not need to describe the land contained within the boundaries of a district that is a party to the agreement. Provides that the agreement must be recorded in the deed records of any county in which any land in the district is located. (g) Specifies that an agreement binds each party to the agreement and each owner and future owner of land that is subject to the agreement. Provides that the removal or exclusion of a party or landowner from an agreement is effective on the required recording of the agreement provided by Subsection (d). (h) Prohibits an agreement from requiring a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. (i) Authorizes a district to contract with any person for services or facilities to be provided at no cost to the district or for the payment of funds by the person in support of the agreement. (j) Provides that an agreement and any action taken under the agreement is not subject to any method of approval or of appeal under the Water Code. (k) Provides that, notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of certain regional development agreements, Sections 42.023 (Reduction of Extraterritorial Jurisdiction) and 42.041(b)-(e) (Municipal Incorporation in Extraterritorial Jurisdiction) do not apply to any land or owner of land within a district that is a party to an agreement, and prohibits the governing body of the municipality from including the area covered by the agreement in a municipal annexation plan and from initiating or continuing an annexation proceeding relating to that area after the effective date of this section. (l) Requires this section to be liberally construed. SECTION 3. Specifies that an agreement entered into in anticipation of this Act is not invalid because of the agreement's authorization, execution, or delivery before the effective date of this Act. SECTION 4. Sets forth the findings of the legislature relating to the public necessity of and benefit from certain laws governing the authority of municipalities and certain conservation and reclamation districts to enter into mutually agreeable regional development agreements. SECTION 5. Emergency clause. Effective date: upon passage.