BILL ANALYSIS
C.S.S.B. 421
By: Wentworth
Intergovernmental Relations
03-16-95
Committee Report (Substituted)
BACKGROUND
Certain home-rule municipalities, having a population over 450,000
and operating city-owned electric utilities, 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 the tracts of land from their
ETJ, which prevents the areas from obtaining needed services from
certain adjacent municipalities capable of providing the services.
PURPOSE
As proposed, C.S.S.B. 421 authorizes the transfer of
extraterritorial jurisdiction between certain municipalities.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 42B, Local Government Code, by adding
Section 42.024, as follows:
Sec. 42.024. TRANSFER OF EXTRATERRITORIAL JURISDICTION
BETWEEN CERTAIN MUNICIPALITIES. (a) Defines "adopting
municipality" and "releasing municipality."
(b) Authorizes the governing body of an adopting
municipality by resolution to assume the extraterritorial
jurisdiction of an area from a releasing municipality if:
(1) the releasing municipality does not provide utility
services to the area;
(2) the owners of a majority of the land within the
released area request that the adopting municipality
assume the extraterritorial jurisdiction of the released
area;
(3) the adopting municipality has adopted a service plan
to provide water and sewer service to the released area,
acceptable to the owners of a majority of the land within
the released area;
(4) the released area is adjacent to the territory of the
adopting municipality, wholly within a county in which
both municipalities have territory, and located in the
county near or abutting a branch of a creek in which the
adopting municipality discharges wastewater or in which
the adopting municipality has entered into a water sale
contract with a river authority; and
(5) the adopting municipality adopts ordinances or
regulations within the released area for water quality
standards relating to the control or abatement of water
pollution that are in conformity with those of the Texas
Natural Resource Conservation Commission for the released
area on January 1, 1995.
(c) Provides that the adopting municipality assumes the
extraterritorial jurisdiction of the released area on the
date the adopting municipality delivers a copy of the
resolution to the municipal clerk of the releasing
municipality.
(d) Requires the adopting municipality to reimburse the
releasing municipality for the reasonable and actual costs
of the releasing municipality as of January 1, 1993, in
constructing water and sewer lines to the area, not later
than one year after the date in Subsection (c).
(e) Provides that nothing in this section shall require the
releasing municipality to continue to participate in a
regional wastewater treatment plant providing service, or to
provide new services, to any territory within the released
area.
SECTION 2. Emergency clause.
Effective date: upon passage.