1-1 By: Lewis (Senate Sponsor - Brown) H.B. No. 2182
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 7, 1993, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 7, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the voluntary inclusion of land within certain water
1-22 districts.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 51.714, Water Code, is amended to read as
1-25 follows:
1-26 Sec. 51.714. ADDING LAND BY PETITION OF LANDOWNER. The
1-27 owner of land may file with the board a petition requesting that
1-28 the land described by metes and bounds in the petition be included
1-29 in the district. Notwithstanding any municipal ordinance,
1-30 resolution, or any other statute to the contrary, a municipality
1-31 may not require the annexing district or the landowner who is
1-32 requesting annexation to obtain the municipality's consent to the
1-33 district's annexation of the additional land if, at the time the
1-34 petition is filed, the land to be annexed is contiguous to the
1-35 district and not located within an area designated by ordinance or
1-36 resolution of the municipality's governing body as the
1-37 municipality's water and sewer service area or corporate limits.
1-38 The land shall be deemed to be contiguous to the district if it is
1-39 separated from the district by public land or right of way. If the
1-40 land to be annexed by the district is within this extraterritorial
1-41 jurisdiction of a city, then the annexation shall not become
1-42 effective until: (1) the city is given written notice of the
1-43 proposed annexation; (2) a period of 120 days has expired since
1-44 the notice was received; and (3) within such 120-day period, the
1-45 city does not extend its service area boundaries along with its
1-46 impact fee boundaries to include the land subject to annexation by
1-47 the district along with a plan to serve the land with utilities in
1-48 a manner substantially similar to that plan contemplated by this
1-49 district. A municipality's consent shall not be required for the
1-50 inclusion or annexation of irrigable land within the boundaries of
1-51 a district primarily engaged in providing irrigation service to
1-52 lands within its boundaries.
1-53 SECTION 2. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended,
1-58 and that this Act take effect and be in force from and after its
1-59 passage, and it is so enacted.
1-60 * * * * *
1-61 Austin,
1-62 Texas
1-63 May 7, 1993
1-64 Hon. Bob Bullock
1-65 President of the Senate
1-66 Sir:
1-67 We, your Committee on Natural Resources to which was referred H.B.
1-68 No. 2182, have had the same under consideration, and I am
2-1 instructed to report it back to the Senate with the recommendation
2-2 that it do pass and be printed.
2-3 Sims,
2-4 Chairman
2-5 * * * * *
2-6 WITNESSES
2-7 No witnesses appeared on H.B. No. 2182.