By:  Wentworth                                         S.B. No. 952
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the authority of certain cities to adopt and release
    1-2  extraterritorial jurisdiction.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter B, Chapter 42, Local Government Code,
    1-5  is amended by adding Sections 42.024, 42.025, and 42.026 to read as
    1-6  follows:
    1-7        Sec. 42.024.  DEFINITIONS.  (1)  "Adopting city" means a
    1-8  home-rule municipality, as defined in Section 5.004, which has a
    1-9  population of less than 7,500; which owns and operates a central
   1-10  water and sewer system; which has territory in two counties, each
   1-11  of which is within the jurisdiction of a different river authority;
   1-12  and which purchases and appropriates raw water for its water
   1-13  utility by authority of a trans-basin diversion permit from only
   1-14  one of the two river authorities into which its territory extends.
   1-15              (2)  "Releasing city" means a home-rule municipality,
   1-16  as defined by Section 5.004, which has a population greater than
   1-17  450,000 but less than 550,000; which owns and operates a central
   1-18  water and sewer system; which has territory in three counties, each
   1-19  of which is within the jurisdiction of a different river authority;
   1-20  and which owns an electric utility which does not serve all of the
   1-21  territory within its city limits and extraterritorial jurisdiction.
   1-22        Sec. 42.025.  APPLICABILITY.  The governing body of an
   1-23  adopting city, as defined in Section 42.024(1), may by resolution
    2-1  adopt an extraterritorial jurisdiction comprised of land within the
    2-2  extraterritorial jurisdiction of a releasing city, as defined in
    2-3  Section 42.024(2), when the following conditions exist:
    2-4              (1)  the land to be adopted is not being served by the
    2-5  releasing city's water, sewer, and electric utility and the
    2-6  releasing city has not funded a capital improvement plan in place
    2-7  for at least five consecutive years which would finance the
    2-8  installation of water and sewer lines necessary to serve the area;
    2-9              (2)  the land to be adopted is adjacent to territory of
   2-10  the adopting city and that city has adopted a service plan for
   2-11  provision of water and sewer to the area;
   2-12              (3)  the land to be adopted lies wholly within only one
   2-13  of the counties in which both of the cities have territory; and
   2-14              (4)  the land to be adopted lies within one or more
   2-15  school districts, each of which has the majority of its area
   2-16  outside the territory of the releasing city.
   2-17        Sec. 42.026.  RESOLUTIONS.  The governing body of a releasing
   2-18  city, as defined in Section 42.024(2), shall have released the land
   2-19  which meets the conditions described in Section 42.025 when the
   2-20  adopting city, as defined in Section 42.024(1), has passed a
   2-21  conforming resolution and presented it to the governing body of the
   2-22  releasing city.
   2-23        SECTION 2.  This Act takes effect September 1, 1993.
   2-24        SECTION 3.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.