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.