CHAPTER 763. AGREEMENTS BETWEEN BORDER MUNICIPALITIES - Texas Statutes

GOVERNMENT CODE

TITLE 7. INTERGOVERNMENTAL RELATIONS

CHAPTER 763. AGREEMENTS BETWEEN BORDER MUNICIPALITIES

Sec. 763.001. DEFINITIONS. In this chapter:

(1) "Adjoining municipality" means a municipality in an

adjoining state that is contiguous to a border municipality.

(2) "Border municipality" means a municipality in this state

that borders the state line and that is separated from a

municipality in an adjoining state only by the state line.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 763.002. AGREEMENT BETWEEN MUNICIPALITIES. A border

municipality may agree with an adjoining municipality to:

(1) furnish to, or receive from, the adjoining municipality

services or facilities;

(2) jointly or cooperatively furnish a governmental service or

facility; or

(3) exercise any authority of the border municipality, to the

extent that the adjoining municipality may cooperate or act

jointly.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 763.003. TERMS OF AGREEMENT OR CONTRACT. (a) An agreement

or contract authorized by this chapter must specify:

(1) the purpose and duration of the agreement or contract;

(2) the manner of financing the joint or cooperative undertaking

and of establishing and maintaining a budget for the undertaking;

(3) any financial arrangement under the agreement or contract in

which one municipality agrees to furnish specified services or

facilities to another municipality;

(4) the precise organization, composition, nature, and powers of

any separate legal or administrative entity created under the

agreement or contract;

(5) appropriate methods of enforcement;

(6) the method for terminating the agreement or contract, in

whole or in part, and for disposing of property on termination;

and

(7) any other necessary and proper matters.

(b) A separate legal or administrative entity may not be created

under an agreement or contract authorized by this chapter if the

creation of the entity violates any other law.

(c) If the agreement between the municipalities does not

establish a separate entity to conduct the joint or cooperative

undertaking, the agreement must provide for:

(1) an administrator or joint board to administer the

undertaking; and

(2) the manner of acquiring, holding, and disposing of any

property used in the undertaking.

(d) If the agreement provides for a joint board, each

municipality that is a party to the agreement must be

represented.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 763.004. PERFORMANCE OF PUBLIC AGENCY OBLIGATION. (a) An

agreement under this chapter does not relieve a public agency of

any legal obligation.

(b) Actual and timely performance of a legal obligation of a

public agency by an adjoining municipality or an entity created

by an agreement or contract under this chapter may be offered in

satisfaction of the obligation.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 763.005. FILING WITH COUNTY REQUIRED. An agreement under

this chapter is not effective until a copy of the agreement is

filed with the county clerk of the county in which the border

municipality is located.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.