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.