By Krusee                                             H.B. No. 2681
       74R5327 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a municipal utility district composed of noncontiguous
    1-3  areas located in the extraterritorial jurisdiction of two
    1-4  municipalities.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter B, Chapter 54, Water Code, is amended
    1-7  by adding Section 54.0162 to read as follows:
    1-8        Sec. 54.0162.  OPTION OF SELECTION BY DISTRICT COMPOSED OF
    1-9  NONCONTIGUOUS AREAS LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF
   1-10  TWO MUNICIPALITIES.  (a)  A municipal utility district composed of
   1-11  noncontiguous areas that are contained in the extraterritorial
   1-12  jurisdiction of two municipalities may choose, by a resolution of
   1-13  the governing body of the district, to be wholly contained in the
   1-14  extraterritorial jurisdiction of one municipality selected by the
   1-15  governing body of the district if:
   1-16              (1)  both the municipality selected by the district and
   1-17  all parts of the district are located in the same county;
   1-18              (2)  a majority of the area of the municipality not
   1-19  selected by the district is in a county other than the county in
   1-20  which the district is located;
   1-21              (3)  the boundary of the municipality selected by the
   1-22  district is located not more than two miles from any part of the
   1-23  district;
   1-24              (4)  the noncontiguous areas of the district are not,
    2-1  at their closest point, more than two miles apart;
    2-2              (5)  the district is within a water control and
    2-3  improvement district; and
    2-4              (6)  a certified copy of the resolution of the
    2-5  governing body of the district is filed with both municipalities
    2-6  before the effective date specified in the resolution.
    2-7        (b)  If a municipal utility district selects a municipality
    2-8  under Subsection (a), another municipal utility district that has a
    2-9  boundary contiguous to the district that has selected a
   2-10  municipality under Subsection (a) and has a boundary contiguous to
   2-11  the selected municipality may choose by resolution of the governing
   2-12  body of the municipal utility district to be contained wholly in
   2-13  the extraterritorial jurisdiction of the selected municipality.  A
   2-14  copy of the resolution must be filed in the same manner as required
   2-15  by Subsection (a)(6).
   2-16        (c)  The governing body of a municipality not selected under
   2-17  the provisions of Subsection (a) or (b) shall release the area of
   2-18  the municipal utility district from the municipality's
   2-19  extraterritorial jurisdiction on the effective date of the
   2-20  resolution presented the governing body of the municipality under
   2-21  Subsection (a) or (b).  The released area becomes part of the
   2-22  extraterritorial jurisdiction of the selected municipality.  The
   2-23  released area is not subject to any ordinance of the municipality
   2-24  not selected by the district.
   2-25        (d)  This section controls over any other law relating to the
   2-26  creation, application, or operation of the extraterritorial
   2-27  jurisdiction of a municipality.
    3-1        SECTION 2.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended,
    3-6  and that this Act take effect and be in force from and after its
    3-7  passage, and it is so enacted.