73R7408 JJT-F
By Combs H.B. No. 2031
Substitute the following for H.B. No. 2031:
By Combs C.S.H.B. No. 2031
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the boards of directors of certain
1-3 water control and improvement districts to remove the district from
1-4 the extraterritorial jurisdiction of a home-rule municipality and
1-5 place the district in the extraterritorial jurisdiction of another
1-6 home-rule municipality.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Chapter 51, Water Code, is amended by adding
1-9 Subchapter R to read as follows:
1-10 SUBCHAPTER R. OPTION TO EXCHANGE MUNICIPAL JURISDICTION
1-11 Sec. 51.871. DEFINITIONS. In this subchapter:
1-12 (1) "Dissociated municipality" means a home-rule
1-13 municipality from whose extraterritorial jurisdiction a district is
1-14 transferred under this subchapter.
1-15 (2) "Associated municipality" means a home-rule
1-16 municipality into whose extraterritorial jurisdiction a district is
1-17 transferred under this subchapter.
1-18 (3) "Home-rule municipality" has the meaning assigned
1-19 by Section 5.004, Local Government Code.
1-20 Sec. 51.872. AUTHORITY TO TRANSFER DISTRICT BETWEEN
1-21 MUNICIPALITIES' EXTRATERRITORIAL JURISDICTION. The board of
1-22 directors of a district by order may transfer the district from the
1-23 extraterritorial jurisdiction of a municipality to the
2-1 extraterritorial jurisdiction of another municipality if the board
2-2 finds that:
2-3 (1) as of January 1, 1993, the municipality that has
2-4 extraterritorial jurisdiction over the district excluded the
2-5 district from the service area of the municipality's municipally
2-6 owned water or sewer utility system;
2-7 (2) the other municipality has included or agreed to
2-8 include the district within the service area of the municipality's
2-9 municipally owned water or sewer utility system, and the
2-10 municipality has adopted a water or sewer utility service plan
2-11 agreeable to the board; and
2-12 (3) the municipally owned water or sewer utility
2-13 system of the other municipality has agreed to provide the service
2-14 to the district within one year.
2-15 Sec. 51.873. APPLICABILITY. This subchapter applies only to
2-16 a district that:
2-17 (1) has a contiguous area of more than 1,000 acres;
2-18 (2) is within the jurisdiction of two or more
2-19 counties;
2-20 (3) is within the jurisdiction of two river
2-21 authorities, one of which has issued an interbasin transfer permit
2-22 to the associated municipality;
2-23 (4) has not yet constructed any facilities or borrowed
2-24 any money;
2-25 (5) is in the extraterritorial jurisdiction of the
3-1 dissociated municipality and that municipality is located
3-2 principally in one of the two counties in which the district is
3-3 located;
3-4 (6) is adjacent to the municipal boundary or the area
3-5 subject to the extraterritorial jurisdiction of the associated
3-6 municipality and that municipality is located principally in the
3-7 other of the two counties in which the district is located; and
3-8 (7) is subject to special storm water runoff or
3-9 nonpoint source pollution rules of at least one of the two river
3-10 authorities.
3-11 Sec. 51.874. EFFECT OF TRANSFER. On and after the effective
3-12 date of the board's order under Section 51.872 of this chapter, the
3-13 district:
3-14 (1) is subject to a municipal ordinance that applies
3-15 to the extraterritorial jurisdiction of the associated
3-16 municipality; and
3-17 (2) is not subject to a municipal ordinance that
3-18 applies to the extraterritorial jurisdiction of the dissociated
3-19 municipality.
3-20 Sec. 51.875. SUBCHAPTER SUPERSEDES. To the extent of any
3-21 conflict, this subchapter controls over any other law related to
3-22 the creation, application, or operation of the extraterritorial
3-23 jurisdiction of a municipality.
3-24 SECTION 2. This Act takes effect September 1, 1993.
3-25 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.