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 2-27 ------------------------------------------------------------------- 2-28 Name: Dorothy Duckett, Mayor x 2-29 Representing: City of Cedar Park 2-30 City: Cedar Park 2-31 ------------------------------------------------------------------- 2-32 Name: Daron K. Butler x 2-33 Representing: City of Cedar Park 2-34 City: Cedar Park 2-35 -------------------------------------------------------------------