§ 212.172 — DEVELOPMENT AGREEMENT.

Texas § 212.172

• Jurisdiction: Texas
• Code LG: Local Government Code

Text

Sec. 212.172. DEVELOPMENT AGREEMENT. (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 jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42 .
(b) The governing body of a municipality may make a written contract with an owner of land that is located in the extraterritorial jurisdiction of the municipality to:
(1) guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the municipality;
(2) extend the municipality's planning authority over the land by providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized;
(3) authorize enforcement by the municipality of certain municipal land use and development regulations in the same manner the regulations are enforced within the municipality's boundaries;
(4) authorize enforcement by the municipality of land use and development regulations other than those that apply within the municipality's boundaries, as may be agreed to by the landowner and the municipality;
(5) provide for infrastructure for the land, including:
(A) streets and roads;
(B) street and road drainage;
(C) land drainage; and
(D) water, wastewater, and other utility systems;
(6) authorize enforcement of environmental regulations;
(7) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties;
(8) specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or
(9) include other lawful terms and considerations the parties consider appropriate.
(b-1) At the time a municipality makes an offer to a landowner to enter into an agreement under this subchapter, the municipality must provide the landowner with a written disclosure that includes:
(1) a statement that the landowner is not required to enter into the agreement;
(2) the authority under which the municipality may annex the land with references to relevant law;
(3) a plain-language description of the annexation procedures applicable to the land;
(4) whether the procedures require the landowner's consent; and
(5) a statement regarding the municipality's waiver of immunity to suit.
(b-2) An agreement for which a disclosure is not provided in accordance with Subsection (b-1) is void.
(c) A contract 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 is located.
(d) The total duration of the contract and any successive renewals or extensions may not exceed 45 years.
(e) A municipality in an affected county, as defined by Section 16.341 , Water Code, may not enter into a contract that is inconsistent with the model rules adopted under Section 16.343 , Water Code.
(f) The contract 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. The contract 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. Annexation by a municipality of land subject to a contract does not invalidate the enforceability of the contract or infringe on the rights of a party to adjudicate a claim arising under the contract.
(g) A contract:
(1) constitutes a permit under Chapter 245 ; and
(2) is a program authorized by the legislature under Section 52-a , Article III, Texas Constitution.
(h) A contract between a municipality and a landowner entered into prior to the effective date of this section, or any amendment to this section, and that complies with this section is validated, enforceable, and may be adjudicated subject to the terms and conditions of this subchapter, as amended.
(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.

Legislative History

Added by Acts 2003, 78th Leg., ch. 522, Sec. 1, eff. June 20, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 281 (H.B. 1643 ), Sec. 1, eff. June 17, 2011. Acts 2021, 87th Leg., R.S., Ch. 103 (S.B. 1338 ), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 678 (H.B. 1929 ), Sec. 1, eff. September 1, 2021.