S.B. No. 952 AN ACT 1-1 relating to the transfer of extraterritorial jurisdiction between 1-2 certain municipalities. 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 and 42.025 to read as follows: 1-6 Sec. 42.024. TRANSFER OF EXTRATERRITORIAL JURISDICTION 1-7 BETWEEN CERTAIN MUNICIPALITIES. (a) In this section: 1-8 (1) "Adopting municipality" means a home-rule 1-9 municipality with a population of less than 7,500 that purchases 1-10 and appropriates raw water for its water utility by authority of a 1-11 trans-basin diversion permit from one of two river authorities in 1-12 which the municipality has territory. 1-13 (2) "Releasing municipality" means a home-rule 1-14 municipality with a population of more than 450,000 that owns an 1-15 electric utility. 1-16 (b) The governing body of an adopting municipality by 1-17 resolution may adopt as part of its extraterritorial jurisdiction 1-18 an area within the extraterritorial jurisdiction of a releasing 1-19 municipality if: 1-20 (1) the area is not being served by the releasing 1-21 municipality's water, sewer, and electric utilities; 1-22 (2) the releasing municipality has had a capital 1-23 improvement plan in place for at least five consecutive years that 2-1 includes proposed installation of water and sewer lines necessary 2-2 to serve the area, but the releasing municipality has not funded 2-3 the plan; 2-4 (3) the adopting municipality has adopted a service 2-5 plan to provide water and sewer service to the area; 2-6 (4) the area is: 2-7 (A) adjacent to the territory of the adopting 2-8 municipality; 2-9 (B) wholly within a county in which both 2-10 municipalities have territory; and 2-11 (C) within one or more school districts, each of 2-12 which has the majority of its territory outside the territory of 2-13 the releasing municipality; and 2-14 (5) the adopting municipality adopts ordinances or 2-15 regulations applicable to the land proposed to be released relating 2-16 to the control or abatement of water pollution that are at least as 2-17 effective as those of the releasing municipality applicable to the 2-18 land proposed to be released as of January 1, 1993. 2-19 (c) The transfer of the area takes effect on the date that 2-20 the adopting municipality delivers a copy of the resolution adopted 2-21 under Subsection (b) to the municipal clerk of the releasing 2-22 municipality. On and after that date the area is in the 2-23 extraterritorial jurisdiction of the adopting municipality and not 2-24 in the extraterritorial jurisdiction of the releasing municipality. 2-25 Sec. 42.025. REIMBURSEMENT OF RELEASING MUNICIPALITY. The 3-1 adopting municipality within one year shall reimburse the releasing 3-2 municipality for the proportional share of the reasonable and 3-3 actual construction costs attributable to the land proposed to be 3-4 released that have been expended by the releasing municipality in 3-5 the construction of permanent water or wastewater facilities in 3-6 place as of January 1, 1993. 3-7 SECTION 2. This Act takes effect September 1, 1993. 3-8 SECTION 3. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended.