1-1  By:  Wentworth                                         S.B. No. 952
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; April 1, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-6  April 1, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker           x                               
   1-12        Henderson                                      x   
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson          x                               
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19        Whitmire                                       x   
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 952                By:  Wentworth
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the authority of certain cities to adopt and release
   1-24  extraterritorial jurisdiction.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Subchapter B, Chapter 42, Local Government Code,
   1-27  is amended by adding Sections 42.024, 42.025, and 42.026 to read as
   1-28  follows:
   1-29        Sec. 42.024.  DEFINITIONS.  (1)  "Adopting city" means a
   1-30  home-rule municipality, as defined in Section 5.004, which has a
   1-31  population of less than 7,500; which owns and operates a central
   1-32  water and sewer system; which has territory in two counties, each
   1-33  of which is within the jurisdiction of a different river authority;
   1-34  and which purchases and appropriates raw water for its water
   1-35  utility by authority of a trans-basin diversion permit from only
   1-36  one of the two river authorities into which its territory extends.
   1-37              (2)  "Releasing city" means a home-rule municipality,
   1-38  as defined by Section 5.004, which has a population greater than
   1-39  450,000 but less than 550,000; which owns and operates a central
   1-40  water and sewer system; which has territory in three counties, each
   1-41  of which is within the jurisdiction of a different river authority;
   1-42  and which owns an electric utility which does not serve all of the
   1-43  territory within its city limits and extraterritorial jurisdiction.
   1-44        Sec. 42.025.  APPLICABILITY.  The governing body of an
   1-45  adopting city, as defined in Section 42.024(1), may by resolution
   1-46  adopt an extraterritorial jurisdiction comprised of land within the
   1-47  extraterritorial jurisdiction of a releasing city, as defined in
   1-48  Section 42.024(2), when the following conditions exist:
   1-49              (1)  the land to be adopted is not being served by the
   1-50  releasing city's water, sewer, and electric utility and the
   1-51  releasing city has not funded a capital improvement plan in place
   1-52  for at least five consecutive years which would finance the
   1-53  installation of water and sewer lines necessary to serve the area;
   1-54              (2)  the land to be adopted is adjacent to territory of
   1-55  the adopting city and that city has adopted a service plan for
   1-56  provision of water and sewer to the area;
   1-57              (3)  the land to be adopted lies wholly within only one
   1-58  of the counties in which both of the cities have territory; and
   1-59              (4)  the land to be adopted lies within one or more
   1-60  school districts, each of which has the majority of its area
   1-61  outside the territory of the releasing city.
   1-62        Sec. 42.026.  RESOLUTIONS.  The governing body of a releasing
   1-63  city, as defined in Section 42.024(2), shall have released the land
   1-64  which meets the conditions described in Section 42.025 when the
   1-65  adopting city, as defined in Section 42.024(1), has passed a
   1-66  conforming resolution and presented it to the governing body of the
   1-67  releasing city.
   1-68        SECTION 2.  This Act takes effect September 1, 1993.
    2-1        SECTION 3.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended.
    2-6                               * * * * *
    2-7                                                         Austin,
    2-8  Texas
    2-9                                                         April 1, 1993
   2-10  Hon. Bob Bullock
   2-11  President of the Senate
   2-12  Sir:
   2-13  We, your Committee on Intergovernmental Relations to which was
   2-14  referred S.B. No. 952, have had the same under consideration, and I
   2-15  am instructed to report it back to the Senate with the
   2-16  recommendation that it do not pass, but that the Committee
   2-17  Substitute adopted in lieu thereof do pass and be printed.
   2-18                                                         Armbrister,
   2-19  Chairman
   2-20                               * * * * *
   2-21                               WITNESSES
   2-22                                                  FOR   AGAINST  ON
   2-23  ___________________________________________________________________
   2-24  Name:  Michael L. Erdmann                                x
   2-25  Representing:  City of Austin-Water & Wastewater
   2-26  City:  Austin
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   2-28  Name:  Dorothy Duckett, Mayor                    x
   2-29  Representing:  City of Cedar Park
   2-30  City:  Cedar Park
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   2-32  Name:  Daron K. Butler                           x
   2-33  Representing:  City of Cedar Park
   2-34  City:  Cedar Park
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