1-1 By: Wentworth S.B. No. 1018
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 2, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 2, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1018 By: Shelley
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the authority of the boards of directors of certain
1-24 water control and improvement districts to remove the district from
1-25 the extraterritorial jurisdiction of a home-rule municipality and
1-26 place the district in the extraterritorial jurisdiction of another
1-27 home-rule municipality.
1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-29 SECTION 1. Chapter 51, Water Code, is amended by adding
1-30 Subchapter R to read as follows:
1-31 SUBCHAPTER R. OPTION TO EXCHANGE MUNICIPAL JURISDICTION
1-32 Sec. 51.871. DEFINITIONS. In this subchapter:
1-33 (1) "Dissociated municipality" means a home-rule
1-34 municipality from whose extraterritorial jurisdiction a district is
1-35 transferred under this subchapter.
1-36 (2) "Associated municipality" means a home-rule
1-37 municipality into whose extraterritorial jurisdiction a district is
1-38 transferred under this subchapter.
1-39 (3) "Home-rule municipality" has the meaning assigned
1-40 by Section 5.004, Local Government Code.
1-41 Sec. 51.872. AUTHORITY TO TRANSFER DISTRICT BETWEEN
1-42 MUNICIPALITIES' EXTRATERRITORIAL JURISDICTION. The board of
1-43 directors of a district by order may transfer the district from the
1-44 extraterritorial jurisdiction of a municipality to the
1-45 extraterritorial jurisdiction of another municipality if the board
1-46 finds that:
1-47 (1) as of January 1, 1993, the municipality that has
1-48 extraterritorial jurisdiction over the district excluded the
1-49 district from the service area of the municipality's municipally
1-50 owned water or sewer utility system;
1-51 (2) the other municipality has included or agreed to
1-52 include the district within the service area of the municipality's
1-53 municipally owned water or sewer utility system, and the
1-54 municipality has adopted a water or sewer utility service plan
1-55 agreeable to the board; and
1-56 (3) the municipally owned water or sewer utility
1-57 system of the other municipality has agreed to provide the service
1-58 to the district within one year.
1-59 Sec. 51.873. APPLICABILITY. This subchapter applies only to
1-60 a district that:
1-61 (1) has a contiguous area of more than 1,000 acres;
1-62 (2) is within the jurisdiction of two or more
1-63 counties;
1-64 (3) is within the jurisdiction of two river
1-65 authorities, one of which has issued an interbasin transfer permit
1-66 to the associated municipality;
1-67 (4) has not yet constructed any facilities or borrowed
1-68 any money;
2-1 (5) is in the extraterritorial jurisdiction of the
2-2 dissociated municipality and that municipality is located
2-3 principally in one of the two counties in which the district is
2-4 located;
2-5 (6) is adjacent to the municipal boundary or the area
2-6 subject to the extraterritorial jurisdiction of the associated
2-7 municipality and that municipality is located principally in the
2-8 other of the two counties in which the district is located; and
2-9 (7) is subject to special storm water runoff or
2-10 nonpoint source pollution rules of at least one of the two river
2-11 authorities.
2-12 Sec. 51.874. EFFECT OF TRANSFER. On and after the effective
2-13 date of the board's order under Section 51.872 of this chapter, the
2-14 district:
2-15 (1) is subject to a municipal ordinance that applies
2-16 to the extraterritorial jurisdiction of the associated
2-17 municipality; and
2-18 (2) is not subject to a municipal ordinance that
2-19 applies to the extraterritorial jurisdiction of the dissociated
2-20 municipality.
2-21 Sec. 51.875. SUBCHAPTER SUPERSEDES. To the extent of any
2-22 conflict, this subchapter controls over any other law related to
2-23 the creation, application, or operation of the extraterritorial
2-24 jurisdiction of a municipality.
2-25 SECTION 2. This Act takes effect September 1, 1993.
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
2-28 emergency and an imperative public necessity that the
2-29 constitutional rule requiring bills to be read on three several
2-30 days in each house be suspended, and this rule is hereby suspended.
2-31 * * * * *
2-32 Austin,
2-33 Texas
2-34 April 2, 1993
2-35 Hon. Bob Bullock
2-36 President of the Senate
2-37 Sir:
2-38 We, your Committee on Natural Resources to which was referred S.B.
2-39 No. 1018, have had the same under consideration, and I am
2-40 instructed to report it back to the Senate with the recommendation
2-41 that it do not pass, but that the Committee Substitute adopted in
2-42 lieu thereof do pass and be printed.
2-43 Sims,
2-44 Chairman
2-45 * * * * *
2-46 WITNESSES
2-47 FOR AGAINST ON
2-48 ___________________________________________________________________
2-49 Name: Joe Anthony DiQuinzio, Jr. x
2-50 Representing: Biu Milburn
2-51 City: Austin
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2-53 Name: Dorthey Lee Duckett x
2-54 Representing: City of Cedar Park
2-55 City: Cedar Park
2-56 -------------------------------------------------------------------
2-57 Name: Daron K. Butler x
2-58 Representing: City of Cedar Park
2-59 City: Cedar Park
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