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.