By: Wentworth S.B. No. 1018 A BILL TO BE ENTITLED AN ACT 1-1 relating to annexation of additional territory by certain water 1-2 control and improvement districts. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. New Sections 51.759 and 51.760 of the Texas Water 1-5 Code are added to read as follows: 1-6 Sec. 51.759. DEFINITIONS. In this subchapter: 1-7 (1) "District" means a water control and improvement 1-8 district created under the provisions of any general or special law 1-9 of the State of Texas. 1-10 (2) "Detaching city" means a municipality from whose 1-11 extraterritorial jurisdiction a district is transferred under the 1-12 provisions of this subchapter. 1-13 (3) "Receiving city" means a municipality into whose 1-14 extraterritorial jurisdiction a district is transferred under the 1-15 provisions of this subchapter. 1-16 (4) "Home-rule municipality" has the meaning assigned 1-17 to it by Local Government Code Sec. 5.004. 1-18 (5) "Board of directors" means the board of directors 1-19 of a water control and improvement district and includes: 1-20 (A) temporary directors serving until permanent 1-21 directors have been elected; 1-22 (B) initial permanent directors; and 1-23 (C) permanent directors. 2-1 Sec. 51.760. APPLICABILITY. (a) This section applies only 2-2 to a district: 2-3 (1) that is greater than 1,000 acres in contiguous 2-4 area; 2-5 (2) is within the jurisdiction of two or more counties 2-6 within the State of Texas; 2-7 (3) is within the jurisdiction of two river 2-8 authorities within the State of Texas, one of which has issued an 2-9 inter-basin transfer permit to the receiving city; 2-10 (4) has not yet constructed any facilities or borrowed 2-11 any money; 2-12 (5) is in the extraterritorial jurisdiction of a 2-13 home-rule municipality, located principally in one of the two 2-14 counties in which the district is located; 2-15 (6) is adjacent to the city limits or extraterritorial 2-16 jurisdiction of another home-rule municipality, which is located 2-17 principally in the other of the two counties in which the district 2-18 is located; and 2-19 (7) is subject to special storm water runoff 2-20 (non-point source) rules and regulations promulgated by at least 2-21 one of the two river authorities. 2-22 (b) In addition to any other powers granted by any general 2-23 or special law of this state, the board of directors of a district 2-24 to which this section applies is authorized to transfer the 2-25 district from an extraterritorial jurisdiction of a detaching city 3-1 to the extraterritorial jurisdiction of a receiving city upon a 3-2 finding by the district's board of directors that: 3-3 (1) as of January 1, 1993, the detaching city had not 3-4 included the district within the service area of the detaching 3-5 city's municipally owned utility system; 3-6 (2) the receiving city has included or agreed to 3-7 include the district within the service area of its municipally 3-8 owned utility system, and the receiving city has adopted a utility 3-9 service plan agreeable to the board of directors of the district; 3-10 and 3-11 (3) the municipally owned utility system of the 3-12 receiving city has agreed to provide utility service to the 3-13 district within one year. 3-14 (c) Upon detachment of a district from the extraterritorial 3-15 jurisdiction of the detaching city and attachment to the 3-16 extraterritorial jurisdiction of the receiving city, the district 3-17 shall become subject to the requirements of municipal ordinance 3-18 applicable to the extraterritorial jurisdiction of the receiving 3-19 city. 3-20 (d) To the extent of any conflict, this subchapter controls 3-21 over other laws relating to the creation, application, or operation 3-22 of a city's extraterritorial jurisdiction. 3-23 SECTION 2. This Act takes effect on 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.