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.