1-1  By:  Rodriguez (Senate Sponsor - Wentworth)           H.B. No. 2740
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 20, 1993, reported favorably, as
    1-5  amended, by the following vote:  Yeas 10, Nays 0; May 20, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker                                       x   
   1-12        Henderson          x                               
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson          x                               
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19        Whitmire           x                               
   1-20  COMMITTEE AMENDMENT NO. 1                            By:  Wentworth
   1-21  Amend H.B. No. 2740 as follows:
   1-22        On page 1, line 52, between "million" and "may" add the
   1-23  following:  "as of the 1990 Federal Census".
   1-24        On page 2, line 5, delete "(2)".
   1-25                         A BILL TO BE ENTITLED
   1-26                                AN ACT
   1-27  relating to the service area for operation of a municipal drainage
   1-28  system and collection of drainage charges.
   1-29        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-30        SECTION 1.  Section 402.044(8), Local Government Code, is
   1-31  amended to read as follows:
   1-32              (8)  "Service area" means the municipal boundaries and
   1-33  any other land areas outside the municipal boundaries which, as a
   1-34  result of topography or hydraulics, contribute overland flow into
   1-35  the watersheds served by the drainage system of a municipality;
   1-36  provided, however, that in no event may a service area extend
   1-37  farther than the boundaries of a municipality's current
   1-38  extraterritorial jurisdiction, nor, except as provided by Section
   1-39  402.0451, may a service area of one municipality extend into the
   1-40  boundaries of another incorporated town, city, or municipality.
   1-41  The service area is to be established in the ordinance establishing
   1-42  the drainage utility.  Provided, that no municipality shall extend
   1-43  a service area outside of its municipal boundaries except a
   1-44  municipality of more than 400,000 population located in one or more
   1-45  counties of less than 600,000 population according to the most
   1-46  recent federal census or except as provided by Section 402.0451.
   1-47        SECTION 2.  Subchapter C, Chapter 402, Local Government Code,
   1-48  is amended by adding Section 402.0451 to read as follows:
   1-49        Sec. 402.0451.  EXTENSION OF SERVICE AREA BY CERTAIN
   1-50  MUNICIPALITIES.  (a)  A municipality with a population of more than
   1-51  900,000 located in one or more counties with a population of less
   1-52  than 1.5 million may extend its service area:
   1-53              (1)  into the boundaries of another municipality if:
   1-54                    (A)  before the extension water from the
   1-55  municipality to which the service area is to be extended regularly
   1-56  drains into the drainage system of the municipality extending its
   1-57  service area; and
   1-58                    (B)  the extension is provided for by an
   1-59  interlocal agreement between the municipalities; or
   1-60              (2)  beyond its municipal boundaries into an
   1-61  unincorporated area of its extraterritorial jurisdiction if:
   1-62                    (A)  before the extension water from the area to
   1-63  which the service area is to be extended regularly drains into the
   1-64  drainage system of the municipality extending its service area; and
   1-65                    (B)  the extension is provided for by an
   1-66  interlocal agreement between the municipality extending its service
   1-67  area and the county containing the area to which the service area
   1-68  is to be extended.
    2-1        (b)  An interlocal agreement under Subsection (a)(2) may:
    2-2              (1)  contain provisions necessary for the operation of
    2-3  a drainage system within the area to which the service area is
    2-4  extended; and
    2-5              (2)  provide for charges for treatment of drainage
    2-6  water and methods of assessment of the charges to an owner of a lot
    2-7  or tract of benefitted property in the area to which the service
    2-8  area is extended.
    2-9        (c)  Charges and methods of assessment agreed to under
   2-10  Subsection (b)(2) must comply with Section 402.047.
   2-11        SECTION 3.  Section 402.053(c), Local Government Code, is
   2-12  amended to read as follows:
   2-13        (c)  The following shall be exempt from the provisions of any
   2-14  rules or ordinances adopted by a municipality pursuant to this Act:
   2-15              (1)  property with proper construction and maintenance
   2-16  of a wholly sufficient and privately owned drainage system;
   2-17              (2)  property held and maintained in its natural state,
   2-18  until such time that the property is developed and all of the
   2-19  public infrastructure constructed has been accepted by the
   2-20  municipality in which the property is located for maintenance; and
   2-21              (3)  a subdivided lot, until a structure has been built
   2-22  on the lot and a certificate of occupancy has been issued by the
   2-23  municipality in which the property is located <having jurisdiction
   2-24  to adopt this subchapter and declare the drainage of the
   2-25  municipality to be a public utility>.
   2-26        SECTION 4.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
   2-28  emergency and an imperative public necessity that the
   2-29  constitutional rule requiring bills to be read on three several
   2-30  days in each house be suspended, and this rule is hereby suspended,
   2-31  and that this Act take effect and be in force from and after its
   2-32  passage, and it is so enacted.
   2-33                               * * * * *
   2-34                                                         Austin,
   2-35  Texas
   2-36                                                         May 20, 1993
   2-37  Hon. Bob Bullock
   2-38  President of the Senate
   2-39  Sir:
   2-40  We, your Committee on Intergovernmental Relations to which was
   2-41  referred H.B. No. 2740, have had the same under consideration, and
   2-42  I am instructed to report it back to the Senate with the
   2-43  recommendation that it do pass, as amended, and be printed.
   2-44                                                         Armbrister,
   2-45  Chairman
   2-46                               * * * * *
   2-47                               WITNESSES
   2-48                                                  FOR   AGAINST  ON
   2-49  ___________________________________________________________________
   2-50  Name:  Rebecca Q. Cedillo                        x
   2-51  Representing:  San Antonio Water System
   2-52  City:  San Antonio
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