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                               * * * * *