By Krusee, Hilderbran                                 H.B. No. 1016
       74R3402 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the transfer of extraterritorial jurisdiction between
    1-3  certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 42, Local Government Code,
    1-6  is amended by adding Section 42.024 to read as follows:
    1-7        Sec. 42.024.  TRANSFER OF EXTRATERRITORIAL JURISDICTION
    1-8  BETWEEN CERTAIN MUNICIPALITIES.  (a)  In this section:
    1-9              (1)  "Adopting municipality" means a home-rule
   1-10  municipality with a population of less than 15,000 that purchases
   1-11  and appropriates raw water for its water utility through a
   1-12  transbasin diversion permit from one or two river authorities in
   1-13  which  the municipality has territory.
   1-14              (2)  "Releasing municipality" means a home-rule
   1-15  municipality with a population of more than 450,000 that owns an
   1-16  electric utility.
   1-17        (b)  The governing body of an adopting municipality may by
   1-18  resolution  assume the extraterritorial jurisdiction of an area
   1-19  from a releasing municipality if:
   1-20              (1)  the releasing municipality does not provide water,
   1-21  sewer services, and electricity to the area;
   1-22              (2)  for at least the last five years the releasing
   1-23  municipality has had a capital improvement plan that includes
   1-24  proposed installation of water and sewer lines necessary to serve
    2-1  the area, but the plan has not been funded;
    2-2              (3)  the adopting municipality has adopted a service
    2-3  plan to provide water and sewer service to the area;
    2-4              (4)  the area is:
    2-5                    (A)  adjacent to the territory of the adopting
    2-6  municipality;
    2-7                    (B)  wholly within a county in which both
    2-8  municipalities have territory; and
    2-9                    (C)  within one or more school districts, each of
   2-10  which has the majority of its territory outside the territory of
   2-11  the releasing municipality; and
   2-12              (5)  the adopting municipality adopts ordinances or
   2-13  regulations for the area relating to the control or abatement of
   2-14  water pollution that are at least as stringent as those of the
   2-15  releasing municipality for the area on January 1, 1993.
   2-16        (c)  The adopting municipality assumes the extraterritorial
   2-17  jurisdiction of the area on the date the adopting municipality
   2-18  delivers a copy of the resolution to the municipal clerk of the
   2-19  releasing municipality.
   2-20        (d)  Not later than one year after the date in Subsection
   2-21  (c), the adopting municipality shall reimburse the releasing
   2-22  municipality for the reasonable and actual costs of the releasing
   2-23  municipality as of January 1, 1993, in constructing water and sewer
   2-24  lines to the area.
   2-25        SECTION 2.  This Act takes effect September 1, 1995.
   2-26        SECTION 3.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.