Bill Text: TX HB3953 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to authorizing certain special districts in Montgomery County to enter into strategic partnership agreements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-16 - Recommendations filed with the Speaker [HB3953 Detail]
Download: Texas-2013-HB3953-Introduced.html
| 2013S1030-1 04/25/13 | ||
| By: Creighton | H.B. No. 3953 | |
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| relating to authorizing certain special districts in Montgomery | ||
| County to enter into strategic partnership agreements. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 8302, Special District | ||
| Local Laws Code, is amended by adding Section 8302.102 to read as | ||
| follows: | ||
| Sec. 8302.102. STRATEGIC PARTNERSHIP; CONTINUATION OF | ||
| DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may | ||
| continue to exist as a limited district after full-purpose | ||
| annexation by a municipality if the district and the annexing | ||
| municipality state the terms of the limited district's existence in | ||
| a strategic partnership agreement. | ||
| (b) A strategic partnership agreement between the district | ||
| and an annexing municipality may: | ||
| (1) authorize the conversion of the district to a | ||
| limited district upon full-purpose annexation and may permit the | ||
| limited district to continue to exist and provide services for a | ||
| fixed term or an indefinite term, on conditions that are mutually | ||
| agreeable to the district and the annexing municipality; | ||
| (2) contain a pledge of user fee revenues, tax | ||
| proceeds from taxes levied within constitutional limits, | ||
| miscellaneous revenues, and other funds under the control of a | ||
| party, to cover that party's pecuniary obligations under the | ||
| agreement; | ||
| (3) continue in effect for a fixed term or an | ||
| indefinite term, as may be agreed upon by the district and the | ||
| annexing municipality; and | ||
| (4) contain other provisions relating to annexation or | ||
| services, including enforcement provisions, as may be agreed upon | ||
| by the district and the annexing municipality. | ||
| (c) An agreement described in this section shall be valid, | ||
| binding, and enforceable in accordance with its terms. To achieve | ||
| this purpose: | ||
| (1) this section controls over any other laws, rules, | ||
| regulations, charter provisions, or ordinances, including any | ||
| contrary provision of Section 43.0751, Local Government Code; and | ||
| (2) if the district and an annexing municipality enter | ||
| into such an agreement, sovereign immunity is waived for each party | ||
| for the purpose of adjudicating claims based on the agreement, | ||
| including claims for money damages, declaratory judgment, and other | ||
| remedies, subject to the terms and conditions of this section. | ||
| (d) The total amount of money awarded in an adjudication | ||
| described by Subsection (c)(2) is limited to direct damages, | ||
| excluding consequential damages, exemplary damages, or damages for | ||
| unabsorbed office overhead, plus reasonable and necessary | ||
| attorney's fees that are equitable and just, plus interest as | ||
| allowed by law, including interest as calculated under Chapter | ||
| 2251, Government Code. This section does not waive a defense or a | ||
| limitation on damages available to a party to such an agreement | ||
| other than a bar against suit based on sovereign immunity. | ||
| (e) An agreement described in this section is not a joint | ||
| enterprise for liability purposes. This section does not waive | ||
| sovereign immunity to suit for a cause of action for a negligent or | ||
| intentional tort or for a cause of action brought by any person or | ||
| entity that is not a party to an agreement described in this | ||
| section. | ||
| (f) In this section: | ||
| (1) "Sovereign immunity" includes immunities commonly | ||
| referred to as "sovereign immunity" or "governmental immunity" and | ||
| encompasses both immunity from suit and immunity from liability. | ||
| (2) "Adjudicating" or "adjudication" means the | ||
| bringing of a civil suit and prosecution to final judgment in a | ||
| 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 an | ||
| agreement described in this section. | ||
| (g) This section provides authority for the district and an | ||
| annexing city to enter into a strategic partnership agreement, and | ||
| such authority is in addition to, and separate from, any authority | ||
| provided by Section 43.0751, Local Government Code, and any other | ||
| laws, rules, regulations, charter provisions, and ordinances. | ||
| SECTION 2. Subchapter C, Chapter 8303, Special District | ||
| Local Laws Code, is amended by adding Section 8303.102 to read as | ||
| follows: | ||
| Sec. 8303.102. STRATEGIC PARTNERSHIP; CONTINUATION OF | ||
| DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may | ||
| continue to exist as a limited district after full-purpose | ||
| annexation by a municipality if the district and the annexing | ||
| municipality state the terms of the limited district's existence in | ||
| a strategic partnership agreement. | ||
| (b) A strategic partnership agreement between the district | ||
| and an annexing municipality may: | ||
| (1) authorize the conversion of the district to a | ||
| limited district upon full-purpose annexation and may permit the | ||
| limited district to continue to exist and provide services for a | ||
| fixed term or an indefinite term, on conditions that are mutually | ||
| agreeable to the district and the annexing municipality; | ||
| (2) contain a pledge of user fee revenues, tax | ||
| proceeds from taxes levied within constitutional limits, | ||
| miscellaneous revenues, and other funds under the control of a | ||
| party, to cover that party's pecuniary obligations under the | ||
| agreement; | ||
| (3) continue in effect for a fixed term or an | ||
| indefinite term, as may be agreed upon by the district and the | ||
| annexing municipality; and | ||
| (4) contain other provisions relating to annexation or | ||
| services, including enforcement provisions, as may be agreed upon | ||
| by the district and the annexing municipality. | ||
| (c) An agreement described in this section shall be valid, | ||
| binding, and enforceable in accordance with its terms. To achieve | ||
| this purpose: | ||
| (1) this section controls over any other laws, rules, | ||
| regulations, charter provisions, or ordinances, including any | ||
| contrary provision of Section 43.0751, Local Government Code; and | ||
| (2) if the district and an annexing municipality enter | ||
| into such an agreement, sovereign immunity is waived for each party | ||
| for the purpose of adjudicating claims based on the agreement, | ||
| including claims for money damages, declaratory judgment, and other | ||
| remedies, subject to the terms and conditions of this section. | ||
| (d) The total amount of money awarded in an adjudication | ||
| described by Subsection (c)(2) is limited to direct damages, | ||
| excluding consequential damages, exemplary damages, or damages for | ||
| unabsorbed office overhead, plus reasonable and necessary | ||
| attorney's fees that are equitable and just, plus interest as | ||
| allowed by law, including interest as calculated under Chapter | ||
| 2251, Government Code. This section does not waive a defense or a | ||
| limitation on damages available to a party to such an agreement | ||
| other than a bar against suit based on sovereign immunity. | ||
| (e) An agreement described in this section is not a joint | ||
| enterprise for liability purposes. This section does not waive | ||
| sovereign immunity to suit for a cause of action for a negligent or | ||
| intentional tort or for a cause of action brought by any person or | ||
| entity that is not a party to an agreement described in this | ||
| section. | ||
| (f) In this section: | ||
| (1) "Sovereign immunity" includes immunities commonly | ||
| referred to as "sovereign immunity" or "governmental immunity" and | ||
| encompasses both immunity from suit and immunity from liability. | ||
| (2) "Adjudicating" or "adjudication" means the | ||
| bringing of a civil suit and prosecution to final judgment in a | ||
| 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 an | ||
| agreement described in this section. | ||
| (g) This section provides authority for the district and an | ||
| annexing city to enter into a strategic partnership agreement, and | ||
| such authority is in addition to, and separate from, any authority | ||
| provided by Section 43.0751, Local Government Code, and any other | ||
| laws, rules, regulations, charter provisions, and ordinances. | ||
| SECTION 3. The change in law made by this Act applies to a | ||
| strategic partnership agreement entered into before, on, or after | ||
| the effective date of this Act. | ||
| SECTION 4. A strategic partnership agreement entered into | ||
| by the Montgomery County Utility District No. 3 or the Montgomery | ||
| County Utility District No. 4 before the effective date of this Act | ||
| is validated in all respects as if the agreement were entered into | ||
| as authorized by law. | ||
| SECTION 5. Section 4 of this Act does not apply to any | ||
| matter that on the effective date of this Act: | ||
| (1) is involved in litigation if the litigation | ||
| ultimately results in the matter being held invalid by a final | ||
| judgment of a court of competent jurisdiction; or | ||
| (2) has been held invalid by a final judgment of a | ||
| court of competent jurisdiction. | ||
| SECTION 6. This Act takes effect September 1, 2013. | ||
