CHAPTER 763. AGREEMENTS BETWEEN BORDER MUNICIPALITIES
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.