1-1 By: Leedom S.B. No. 260
1-2 (In the Senate - Filed January 18, 1995; January 19, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; February 8, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 10, Nays 0; February 8, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Cain
1-8 Amend S.B. No. 260 in SECTION 1 by striking Subdivisions (1) and
1-9 (10) and inserting in lieu thereof the following:
1-10 (1) "Benefitted property" means an improved <a> lot or
1-11 tract to which drainage service is made available under this
1-12 subchapter <and which receives water, wastewater, or electric
1-13 utility service from the municipality having jurisdiction to adopt
1-14 this subchapter and declare the drainage of the municipality to be
1-15 a public utility>.
1-16 (10) "Improved lot or tract" means a lot or tract that
1-17 has a structure or other improvement on it that causes an
1-18 impervious coverage of the soil under the structure or improvement.
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to a municipal drainage utility system.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 402.044, Local Government Code, is
1-24 amended by amending Subdivision (1) and adding Subdivisions (10)
1-25 and (11) to read as follows:
1-26 (1) "Benefitted property" means:
1-27 (A) a lot or tract to which drainage service is
1-28 made available under this subchapter that is capable of receiving
1-29 or that <and which> receives water, wastewater, or electric utility
1-30 service; or
1-31 (B) an improved lot or tract to which water,
1-32 wastewater, or electric utility service is made available by <from
1-33 the municipality having jurisdiction to adopt this subchapter and
1-34 declare the drainage of the municipality to be> a public utility.
1-35 (10) "Improved lot or tract" means a lot or tract
1-36 that:
1-37 (A) has a structure or other improvement on it
1-38 that causes an impervious coverage of the soil under the structure
1-39 or improvement; or
1-40 (B) is used for activities that may impact water
1-41 quality.
1-42 (11) "Wholly sufficient and privately owned drainage
1-43 system" means land owned and operated by a person other than a
1-44 municipal drainage utility system the drainage of which does not
1-45 discharge into a creek, river, slough, culvert, or other channel
1-46 that is part of a municipal drainage utility system.
1-47 SECTION 2. This Act takes effect September 1, 1995.
1-48 SECTION 3. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended.
1-53 * * * * *