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. New sections 42.024, 42.025 and 42.026 of the 1-5 Local Government Code are added to read as follows: 1-6 Section 42.024. Definitions. 1-7 (1) "Adopting city" means a home-rule municipality, as 1-8 defined in Section 5.004 of the Local Government Code, which has 1-9 less than 7,500 population; owns and operates a central water and 1-10 sewer system; has territory in two counties, each of which is 1-11 within the jurisdiction of a different river authority; and 1-12 purchases and appropriates raw water for its water utility by 1-13 authority of a trans-basin diversion permit from only one of the 1-14 two river authorities into which its territory extends. 1-15 (2) "Releasing city" means a home-rule municipality as 1-16 defined by section 5.004 of the Local Government Code which has a 1-17 population greater than 450,000 but less than 550,000; owns and 1-18 operates a central water and sewer system; has territory in three 1-19 counties, each of which is within the jurisdiction of a different 1-20 river authority; and owns an electric utility which does not serve 1-21 all of the territory within its city limits and extraterritorial 1-22 jurisdiction. 1-23 Section 42.025. Applicability. 2-1 The governing body of an adopting city, as defined in section 2-2 1(1) of this act, may, by resolution, adopt an extraterritorial 2-3 jurisdiction comprised of land within the extraterritorial 2-4 jurisdiction of a releasing city, as defined in Section 1(2) of 2-5 this act, when the following conditions exist: 2-6 (1) the land to be adopted is not being served by the 2-7 releasing city's water, sewer and electric utility, and the 2-8 releasing city has not funded a Capital Improvement Plan in place 2-9 for at least five consecutive years which would finance the 2-10 installation of water and sewer lines necessary to serve the area; 2-11 (2) the land to be adopted is adjacent to territory of 2-12 the adopting city, and that city has adopted a Service Plan for 2-13 provision of water and sewer to the area; 2-14 (3) the land to be adopted lies wholly within only one 2-15 of the counties in which both of the cities have territory; and 2-16 (4) the land to be adopted lies within one or more 2-17 school districts, each of which has the majority of its area 2-18 outside of the territory of the releasing city. 2-19 Section 42.026. Resolutions. 2-20 The governing body of a releasing city, as defined in Section 2-21 1(2) of this act, shall have released the land which meets the 2-22 conditions described in Section 2 of this act when the adopting 2-23 city, as defined in Section 1(1) of this act, has passed a 2-24 conforming resolution, and presented it to the governing body of 2-25 the releasing city. 3-1 SECTION 2. This act takes effect September 1, 1993. 3-2 SECTION 3. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.