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.