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