S.B. No. 260
AN ACT
1-1 relating to a municipal drainage utility system.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 402.044, Local Government Code, is
1-4 amended by amending Subdivision (1) and adding Subdivisions (10)
1-5 and (11) to read as follows:
1-6 (1)(A) "Benefitted property" means an improved <a> lot
1-7 or tract to which drainage service is made available under this
1-8 subchapter <and which receives water, wastewater, or electric
1-9 utility service from the municipality having jurisdiction to adopt
1-10 this subchapter and declare the drainage of the municipality to be
1-11 a public utility>.
1-12 (B) "Benefitted property," in a municipality
1-13 with a population of more than 1,000,000 which is operating a
1-14 drainage utility system under this chapter, means a lot or tract to
1-15 which drainage service is made available under this subchapter and
1-16 which discharges into a creek, river, slough, culvert, or other
1-17 channel that is part of the municipality's drainage utility system.
1-18 Sections 402.053(c)(2) and (c)(3) do not apply to a municipality
1-19 described in this subdivision.
1-20 (10) "Improved lot or tract" means a lot or tract that
1-21 has a structure or other improvement on it that causes an
1-22 impervious coverage of the soil under the structure or improvement.
1-23 (11) "Wholly sufficient and privately owned drainage
1-24 system" means land owned and operated by a person other than a
2-1 municipal drainage utility system the drainage of which does not
2-2 discharge into a creek, river, slough, culvert, or other channel
2-3 that is part of a municipal drainage utility system.
2-4 SECTION 2. This Act takes effect September 1, 1995.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.