By Combs H.B. No. 2031
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to annexation of additional territory by certain water
1-3 control and improvement districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. New sections 51.759 and 51.760 of the Texas Water
1-6 Code are added to read as follows:
1-7 Section 51.759. Definitions.
1-8 In this subchapter:
1-9 (1) "District" means a water control and improvement
1-10 district created under the provisions of any general or special law
1-11 of the State of Texas.
1-12 (2) "Detaching city" means a municipality from whose
1-13 extraterritorial jurisdiction a district is transferred under the
1-14 provisions of this subchapter.
1-15 (3) "Receiving city" means a municipality into whose
1-16 extraterritorial jurisdiction a district is transferred under the
1-17 provisions of this subchapter.
1-18 (4) "Home-rule municipality" has the meaning assigned
1-19 to it by Local Government Code Sec. 5.004.
1-20 (5) "Board of directors" means the board of directors
1-21 of a water control and improvement district and includes:
1-22 (A) temporary directors serving until permanent
1-23 directors have been elected;
2-1 (B) initial permanent directors; and
2-2 (C) permanent directors.
2-3 Section 51.760. Applicability.
2-4 (a) This section applies only to a district:
2-5 (1) that is greater than 1,000 acres in contiguous
2-6 area;
2-7 (2) is within the jurisdiction of two or more counties
2-8 within the State of Texas;
2-9 (3) is within the jurisdiction of two river
2-10 authorities within the State of Texas, one of which has issued an
2-11 inter-basin transfer permit to the receiving city;
2-12 (4) has not yet constructed any facilities or borrowed
2-13 any money;
2-14 (5) is in the extraterritorial jurisdiction of a
2-15 home-rule municipality, located principally in one of the two
2-16 counties in which the district is located;
2-17 (6) is adjacent to the city limits or extraterritorial
2-18 jurisdiction of another home-rule municipality, which is located
2-19 principally in the other of the two counties in which the district
2-20 is located; and
2-21 (7) is subject to special storm water runoff
2-22 (non-point source) rules and regulations promulgated by at least
2-23 one of the two river authorities.
2-24 (b) In addition to any other powers granted by any general
2-25 or special law of this state, the board of directors of a district
3-1 to which this section applies is authorized to transfer the
3-2 district from an extraterritorial jurisdiction of a detaching city
3-3 to the extraterritorial jurisdiction of a receiving city upon a
3-4 finding by the district's board of directors that:
3-5 (1) as of January 1, 1993, the detaching city had not
3-6 included the district within the service area of the detaching
3-7 city's municipally owned utility system;
3-8 (2) the receiving city has included or agreed to
3-9 include the district within the service area of its municipally
3-10 owned utility system, and the receiving city has adopted a utility
3-11 service plan agreeable to the board of directors of the district;
3-12 and
3-13 (3) the municipally owned utility system of the
3-14 receiving city has agreed to provide utility service to the
3-15 district within one year.
3-16 (c) Upon detachment of a district from the extraterritorial
3-17 jurisdiction of the detaching city and attachment to the
3-18 extraterritorial jurisdiction of the receiving city, the district
3-19 shall become subject to the requirements of municipal ordinance
3-20 applicable to the extraterritorial jurisdiction of the receiving
3-21 city.
3-22 (d) To the extent of any conflict, this subchapter controls
3-23 over other laws relating to the creation, application, or operation
3-24 of a city's extraterritorial jurisdiction.
3-25 SECTION 2. This Act takes effect September 1, 1993.
4-1 SECTION 3. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity such that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.