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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