BILL ANALYSIS
C.S.S.B. 421
By: Wentworth (Krusee)
04-12-95
Committee Report (Substituted)
BACKGROUND
Certain home-rule municipalities, having a population over 450,000
and operating a city-owned electric utility, included tracts of
land within their extraterritorial jurisdiction (ETJ) without being
able to provide water and sewer service to such areas. Although
these municipalities are unable or unwilling to provide such
service, they have refused to release such areas from their ETJ,
which effectively prevents the areas from obtaining needed services
from certain adjacent municipalities capable of providing these
services. A companion bill, H.B. 1016, was heard and left pending
before the Land and Resource Management Committee of the House.
PURPOSE
This legislation provides for the transfer of certain narrowly
defined areas from the ETJ of certain municipalities which
currently provide no water, sewer or electrical services to such
defined areas, to the ETJ of certain municipalities adjacent to
such defined areas, which have adopted a service plan to provide
water and sewer service to such areas.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1 Amends Subchapter B, Chapter 42, Local Government Code,
by adding Section 42.024.
(a) Defines the adopting and releasing municipalities.
(b) Defines where the area must be located and what
conditions must exist for the area to be eligible for
transfer. Also states that the adopting municipality
must adopt water pollution control ordinances and a
water and sewer service plan in the area to be adopted.
(c) Provides that the service plan shall include an
assessment of whether participation in any regional
facility is available and feasible and terms of
participation, including reimbursement of expenditures
associated with the regional facility. Provides for
resolution of any disagreements by the Texas Natural
Resource Conservation Commission. Prohibits the
releasing municipality from discontinuing any existing
service agreement with the adopting municipality prior
to January 1, 1995.
(d) States when the transfer takes place.
(e) Provides that if land under the control of the same
ownership is split between the ETJ of a municipality
subject to this section and the jurisdiction of another
municipality, the authority granted under Chapter 212,
Local Government Code, is with the municipality selected
by the land owner.
(f) Specifies that the bill does not require the
releasing municipality to participate in regional
wastewater facilities servicing, or to provide new
services to, the released area.
(g) Specifies that the provisions of the bill control
over other provisions of Subchapter B, Chapter 42, Local
Government Code.
SECTION 2 Severability provision. States that no part of the bill
shall become inoperative by reason of
unconstitutionality of any other portion of the bill.
SECTION 3 Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
SECTION 1 (a) The substitute changes the maximum population of the
adopting municipality from 15,000 to 25,000.
(c) The substitute changes the provisions of the bill
pertaining to the service plan for water and sewer
service to be adopted by the adopting municipality to
specify that the service plan shall include an
assessment of whether participation in any regional
facility is available and feasible and terms of
participation, including reimbursement of expenditures
associated with the regional facility; to provide for
resolution of any disagreements by the Texas Natural
Resource Conservation Commission; and to prohibit the
releasing municipality from discontinuing any existing
service agreement with the adopting municipality prior
to January 1, 1995.
(d) The substitute clarifies that the transferred area
is released from the ETJ of the releasing municipality
on the same date it is included in the ETJ of the
adopting municipality.
(e) The substitute changes this subsection to provide
that if land under the control of the same ownership is
split between the ETJ of a municipality subject to this
section and the jurisdiction of another municipality,
the authority granted under Chapter 212, Local
Government Code, is with the municipality selected by
the land owner.
(f) The substitute adds this subsection, which specifies
that the bill does not require the releasing
municipality to participate in regional wastewater
facilities servicing, or to provide new services to, the
released area.
(g) The substitute adds this subsection, which specifies
that the bill controls over Subchapter B, Chapter 42,
Local Government Code.
SECTION 2 The substitute changes this section to set forth a
severability provision.
SECTION 3 Emergency clause. The substitute renumbers this section
from 2 to 3.
SUMMARY OF COMMITTEE ACTION
S.B. 421 was considered in a public hearing on April 11, 1995.
The committee considered a complete substitute for the bill. The
substitute was adopted without objection.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 0 nays, 0 pnv, 4 absent.