By: Wentworth S.B. No. 421
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer of extraterritorial jurisdiction between
1-2 certain municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 42, Local Government Code,
1-5 is amended by adding Section 42.024 to read as follows:
1-6 Sec. 42.024. TRANSFER OF EXTRATERRITORIAL JURISDICTION
1-7 BETWEEN CERTAIN MUNICIPALITIES. (a) In this section:
1-8 (1) "Adopting municipality" means a home-rule
1-9 municipality with a population of less than 15,000 that purchases
1-10 and appropriates raw water for its water utility through a
1-11 transbasin diversion permit from one or two river authorities in
1-12 which the municipality has territory.
1-13 (2) "Releasing municipality" means a home-rule
1-14 municipality with a population of more than 450,000 that owns an
1-15 electric utility.
1-16 (b) The governing body of an adopting municipality may by
1-17 resolution assume the extraterritorial jurisdiction of an area from
1-18 a releasing municipality if:
1-19 (1) the releasing municipality does not provide water,
1-20 sewer services, and electricity to the released area;
1-21 (2) the owners of a majority of the land within the
1-22 released area request that the adopting municipality assume the
1-23 extraterritorial jurisdiction of the released area;
1-24 (3) the adopting municipality has adopted a service
2-1 plan to provide water and sewer service to the released area,
2-2 acceptable to the owners of a majority of the land within the
2-3 released area;
2-4 (4) the released area is:
2-5 (A) adjacent to the territory of the adopting
2-6 municipality;
2-7 (B) wholly within a county in which both
2-8 municipalities have territory; and
2-9 (C) located in the county in which the adopting
2-10 municipality is located and either (i) north of the south bank of a
2-11 branch of a creek in which the adopting municipality discharges
2-12 wastewater pursuant to a permit issued by the Texas Natural
2-13 Resource Conservation Commission or its predecessor agency prior to
2-14 the effective date of this section and west of the confluence of
2-15 that creek with a northern branch of that creek or (ii) abutting
2-16 that creek and described in an amendment to a water sale contract
2-17 between the adopting municipality and a river authority, if the
2-18 releasing municipality does not enter into a contract with the
2-19 owners of such abutting tract to supply water and wastewater
2-20 service to such abutting tract by September 1, 1996; and
2-21 (5) the adopting municipality adopts ordinances or
2-22 regulations within the released area for water quality standards
2-23 relating to the control or abatement of water pollution that are in
2-24 conformity with those of the Texas Natural Resource Conservation
2-25 Commission for the released area on January 1, 1995.
2-26 (c) The adopting municipality assumes the extraterritorial
2-27 jurisdiction of the released area on the date the adopting
3-1 municipality delivers a copy of the resolution to the municipal
3-2 clerk of the releasing municipality.
3-3 (d) Not later than one year after the date in Subsection
3-4 (c), the adopting municipality shall reimburse the releasing
3-5 municipality for the reasonable and actual costs of the releasing
3-6 municipality as of January 1, 1993, in constructing water and sewer
3-7 lines to the released area.
3-8 (e) Nothing in this section shall require the releasing
3-9 municipality to continue to participate in a regional wastewater
3-10 treatment plant providing service, or to provide new services, to
3-11 any territory within the released area.
3-12 SECTION 2. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.