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.