By: Wentworth S.B. No. 1018 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of the boards of directors of certain 1-2 water control and improvement districts to remove the district from 1-3 the extraterritorial jurisdiction of a home-rule municipality and 1-4 place the district in the extraterritorial jurisdiction of another 1-5 home-rule municipality. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Chapter 51, Water Code, is amended by adding 1-8 Subchapter R to read as follows: 1-9 SUBCHAPTER R. OPTION TO EXCHANGE MUNICIPAL JURISDICTION 1-10 Sec. 51.871. DEFINITIONS. In this subchapter: 1-11 (1) "Dissociated municipality" means a home-rule 1-12 municipality from whose extraterritorial jurisdiction a district is 1-13 transferred under this subchapter. 1-14 (2) "Associated municipality" means a home-rule 1-15 municipality into whose extraterritorial jurisdiction a district is 1-16 transferred under this subchapter. 1-17 (3) "Home-rule municipality" has the meaning assigned 1-18 by Section 5.004, Local Government Code. 1-19 Sec. 51.872. AUTHORITY TO TRANSFER DISTRICT BETWEEN 1-20 MUNICIPALITIES' EXTRATERRITORIAL JURISDICTION. The board of 1-21 directors of a district by order may transfer the district from the 1-22 extraterritorial jurisdiction of a municipality to the 1-23 extraterritorial jurisdiction of another municipality if the board 2-1 finds that: 2-2 (1) as of January 1, 1993, the municipality that has 2-3 extraterritorial jurisdiction over the district excluded the 2-4 district from the service area of the municipality's municipally 2-5 owned water or sewer utility system; 2-6 (2) the other municipality has included or agreed to 2-7 include the district within the service area of the municipality's 2-8 municipally owned water or sewer utility system, and the 2-9 municipality has adopted a water or sewer utility service plan 2-10 agreeable to the board; and 2-11 (3) the municipally owned water or sewer utility 2-12 system of the other municipality has agreed to provide the service 2-13 to the district within one year. 2-14 Sec. 51.873. APPLICABILITY. This subchapter applies only to 2-15 a district that: 2-16 (1) has a contiguous area of more than 1,000 acres; 2-17 (2) is within the jurisdiction of two or more 2-18 counties; 2-19 (3) is within the jurisdiction of two river 2-20 authorities, one of which has issued an interbasin transfer permit 2-21 to the associated municipality; 2-22 (4) has not yet constructed any facilities or borrowed 2-23 any money; 2-24 (5) is in the extraterritorial jurisdiction of the 2-25 dissociated municipality and that municipality is located 3-1 principally in one of the two counties in which the district is 3-2 located; 3-3 (6) is adjacent to the municipal boundary or the area 3-4 subject to the extraterritorial jurisdiction of the associated 3-5 municipality and that municipality is located principally in the 3-6 other of the two counties in which the district is located; and 3-7 (7) is subject to special storm water runoff or 3-8 nonpoint source pollution rules of at least one of the two river 3-9 authorities. 3-10 Sec. 51.874. EFFECT OF TRANSFER. On and after the effective 3-11 date of the board's order under Section 51.872 of this chapter, the 3-12 district: 3-13 (1) is subject to a municipal ordinance that applies 3-14 to the extraterritorial jurisdiction of the associated 3-15 municipality; and 3-16 (2) is not subject to a municipal ordinance that 3-17 applies to the extraterritorial jurisdiction of the dissociated 3-18 municipality. 3-19 Sec. 51.875. SUBCHAPTER SUPERSEDES. To the extent of any 3-20 conflict, this subchapter controls over any other law related to 3-21 the creation, application, or operation of the extraterritorial 3-22 jurisdiction of a municipality. 3-23 SECTION 2. This Act takes effect September 1, 1993. 3-24 SECTION 3. The importance of this legislation and the 3-25 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended.