By Krusee                                             H.B. No. 2102
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of certain cities to adopt and release
    1-3  extraterritorial jurisdiction.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  New sections 42.024, 42.025 and 42.026 of the
    1-6  Local Government Code are added to read as follows:
    1-7        Section 42.024.  Definitions.
    1-8              (1)  "Adopting city" means a home-rule municipality, as
    1-9  defined in Section 5.004 of the Local Government Code, which has
   1-10  less than 7,500 population; owns and operates a central water and
   1-11  sewer system; has territory in two counties, each of which is
   1-12  within the jurisdiction of a different river authority; and
   1-13  purchases and appropriates raw water for its water utility by
   1-14  authority of a trans-basin diversion permit from only one of the
   1-15  two river authorities into which its territory extends.
   1-16              (2)  "Releasing city" means a home-rule municipality as
   1-17  defined by section 5.004 of the Local Government Code which has a
   1-18  population greater than 450,000 but less than 550,000; owns and
   1-19  operates a central water and sewer system; has territory in three
   1-20  counties, each of which is within the jurisdiction of a different
   1-21  river authority; and owns an electric utility which does not serve
   1-22  all of the territory within its city limits and extraterritorial
   1-23  jurisdiction.
    2-1        Section 42.025.  Applicability.
    2-2        The governing body of an adopting city, as defined in section
    2-3  1(1) of this act, may, by resolution, adopt an extraterritorial
    2-4  jurisdiction comprised of land within the extraterritorial
    2-5  jurisdiction of a releasing city, as defined in Section 1(2) of
    2-6  this act, when the following conditions exist:
    2-7        (1)  the land to be adopted is not being served by the
    2-8  releasing city's water, sewer and electric utility, and the
    2-9  releasing city has not funded a Capital Improvement Plan in place
   2-10  for at least five consecutive years which would finance the
   2-11  installation of water and sewer lines necessary to serve the area;
   2-12        (2)  the land to be adopted is adjacent to territory of the
   2-13  adopting city, and that city has adopted a Service Plan for
   2-14  provision of water and sewer to the area;
   2-15        (3)  the land to be adopted lies wholly within only one of
   2-16  the counties in which both of the cities have territory; and
   2-17        (4)  the land to be adopted lies within one or more school
   2-18  districts, each of which has the majority of its area outside of
   2-19  the territory of the releasing city.
   2-20        Section 42.026.  Resolutions.
   2-21        The governing body of a releasing city, as defined in Section
   2-22  1(2) of this act, shall have released the land which meets the
   2-23  conditions described in Section 2 of this act when the adopting
   2-24  city, as defined in Section 1(1) of this act, has passed a
   2-25  conforming resolution, and presented it to the governing body of
    3-1  the releasing city.
    3-2        SECTION 2.  This act takes effect September 1, 1993.
    3-3        SECTION 3.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity such that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.