By: Leedom S.B. No. 260
A BILL TO BE ENTITLED
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) "Benefitted property" means an improved <a> lot or
1-7 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 (10) "Improved lot or tract" means a lot or tract that
1-13 has a structure or other improvement on it that causes an
1-14 impervious coverage of the soil under the structure or improvement.
1-15 (11) "Wholly sufficient and privately owned drainage
1-16 system" means land owned and operated by a person other than a
1-17 municipal drainage utility system the drainage of which does not
1-18 discharge into a creek, river, slough, culvert, or other channel
1-19 that is part of a municipal drainage utility system.
1-20 SECTION 2. This Act takes effect September 1, 1995.
1-21 SECTION 3. The importance of this legislation and the
1-22 crowded condition of the calendars in both houses create an
1-23 emergency and an imperative public necessity that the
1-24 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.
2-2 Amend Senate Bill 260, SECTION 1, by amending Section
2-3 402.044, Local Government Code, by adding the following new
2-4 subdivision and renumbering the existing subdivisions accordingly:
2-5 ( ) "benefitted property", in a municipality of a
2-6 population of more than 1,000,000 and which is operating a drainage
2-7 utility system under this Chapter, means a lot or tract to which
2-8 drainage service is made available under this subchapter and which
2-9 discharges into a creek, river, slew, culvert, or other channel
2-10 that is part of the municipality's drainage utility system.
2-11 Sections 402.053(c)(2) and 402.053(c)(3) do not apply to a
2-12 municipality described in this subdivision.
2-13 Tillery
2-14 COMMITTEE AMENDMENT NO. 2
2-15 Amend Senate Bill 260 by adding the following new Section 2
2-16 and renumbering the existing sections accordingly:
2-17 SECTION 2. Subchapter C, Chapter 402, Local Government Code,
2-18 is amended by adding Section 402.055 to read as follows:
2-19 Sec. 402.055. APPLICATION OF SUBCHAPTER TO AREAS OUTSIDE OF
2-20 CERTAIN MUNICIPALITIES. For the purposes of this subchapter,
2-21 property outside of the corporate limits of a municipality of at
2-22 least 400,000 population located in one or more counties of less
2-23 than 600,000 population according to the most recent federal census
2-24 shall be considered to be "benefitted property" only if the
2-25 property is a lot or tract to which drainage service is made
2-26 available under this subchapter and the property receives water,
2-27 wastewater, or electric utility service from the municipality
3-1 having jurisdiction to adopt this subchapter and declare the
3-2 drainage of the municipality to be a public utility.
3-3 Tillery