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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