By Leedom S.B. No. 260
74R3338 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a municipal drainage utility system.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 402.044, Local Government Code, is
1-5 amended by amending Subdivision (1) and adding Subdivisions (10)
1-6 and (11) to read as follows:
1-7 (1) "Benefitted property" means:
1-8 (A) a lot or tract to which drainage service is
1-9 made available under this subchapter that is capable of receiving
1-10 or that <and which> receives water, wastewater, or electric utility
1-11 service; or
1-12 (B) an improved lot or tract to which water,
1-13 wastewater, or electric utility service is made available by a
1-14 public utility <from the municipality having jurisdiction to adopt
1-15 this subchapter and declare the drainage of the municipality to be
1-16 a public utility>.
1-17 (10) "Improved lot or tract" means a lot or tract
1-18 that:
1-19 (A) has a structure or other improvement on it
1-20 that causes an impervious coverage of the soil under the structure
1-21 or improvement; or
1-22 (B) is used for activities that may impact water
1-23 quality.
1-24 (11) "Wholly sufficient and privately owned drainage
2-1 system" means land owned and operated by a person other than a
2-2 municipal drainage utility system the drainage of which does not
2-3 discharge into a creek, river, slew, culvert, or other channel that
2-4 is part of a municipal drainage utility system.
2-5 SECTION 2. This Act takes effect September 1, 1995.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.