73R8163 DWS-D
By Rodriguez H.B. No. 2740
Substitute the following for H.B. No. 2740:
By Dutton C.S.H.B. No. 2740
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the service area for operation of a municipal drainage
1-3 system and collection of drainage charges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 402.044(8), Local Government Code, is
1-6 amended to read as follows:
1-7 (8) "Service area" means the municipal boundaries and
1-8 any other land areas outside the municipal boundaries which, as a
1-9 result of topography or hydraulics, contribute overland flow into
1-10 the watersheds served by the drainage system of a municipality;
1-11 provided, however, that in no event may a service area extend
1-12 farther than the boundaries of a municipality's current
1-13 extraterritorial jurisdiction, nor, except as provided by Section
1-14 402.0451, may a service area of one municipality extend into the
1-15 boundaries of another incorporated town, city, or municipality.
1-16 The service area is to be established in the ordinance establishing
1-17 the drainage utility. Provided, that no municipality shall extend
1-18 a service area outside of its municipal boundaries except a
1-19 municipality of more than 400,000 population located in one or more
1-20 counties of less than 600,000 population according to the most
1-21 recent federal census or except as provided by Section 402.0451.
1-22 SECTION 2. Subchapter C, Chapter 402, Local Government Code,
1-23 is amended by adding Section 402.0451 to read as follows:
1-24 Sec. 402.0451. EXTENSION OF SERVICE AREA BY CERTAIN
2-1 MUNICIPALITIES. (a) A municipality with a population of more than
2-2 900,000 located in one or more counties with a population of less
2-3 than 1.5 million may extend its service area into the boundaries of
2-4 another municipality if:
2-5 (1) before the extension water from the municipality
2-6 to which the service area is to be extended regularly drains into
2-7 the drainage system of the municipality extending its service area;
2-8 and
2-9 (2) the extension is provided for by an interlocal
2-10 agreement between the municipalities.
2-11 (b) An interlocal agreement under Subsection (a)(2) may:
2-12 (1) contain provisions necessary for the operation of
2-13 a drainage system within the municipality to which the service area
2-14 is extended; and
2-15 (2) provide for charges for treatment of drainage
2-16 water and methods of assessment of the charges to an owner of a lot
2-17 or tract of benefitted property in the municipality to which the
2-18 service area is extended.
2-19 (c) Charges and methods of assessment agreed to under
2-20 Subsection (b)(2) must comply with Section 402.047.
2-21 SECTION 3. Section 402.053(c), Local Government Code, is
2-22 amended to read as follows:
2-23 (c) The following shall be exempt from the provisions of any
2-24 rules or ordinances adopted by a municipality pursuant to this Act:
2-25 (1) property with proper construction and maintenance
2-26 of a wholly sufficient and privately owned drainage system;
2-27 (2) property held and maintained in its natural state,
3-1 until such time that the property is developed and all of the
3-2 public infrastructure constructed has been accepted by the
3-3 municipality in which the property is located for maintenance; and
3-4 (3) a subdivided lot, until a structure has been built
3-5 on the lot and a certificate of occupancy has been issued by the
3-6 municipality in which the property is located <having jurisdiction
3-7 to adopt this subchapter and declare the drainage of the
3-8 municipality to be a public utility>.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.