By Wentworth S.B. No. 421
Substitute the following for S.B. No. 421:
By Krusee C.S.S.B. No. 421
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of extraterritorial jurisdiction between
1-3 certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 42, Local Government Code,
1-6 is amended by adding Section 42.024 to read as follows:
1-7 Sec. 42.024. TRANSFER OF EXTRATERRITORIAL JURISDICTION
1-8 BETWEEN CERTAIN MUNICIPALITIES. (a) In this section:
1-9 (1) "Adopting municipality" means a home-rule
1-10 municipality with a population of less than 25,000 that purchases
1-11 and appropriates raw water for its water utility through a
1-12 transbasin diversion permit from one or two river authorities in
1-13 which the municipality has territory.
1-14 (2) "Releasing municipality" means a home-rule
1-15 municipality with a population of more than 450,000 that owns an
1-16 electric utility.
1-17 (b) The governing body of an adopting municipality may by
1-18 resolution include in its extraterritorial jurisdiction an area
1-19 that is in the extraterritorial jurisdiction of a releasing
1-20 municipality if:
1-21 (1) the releasing municipality does not provide water,
1-22 sewer services, and electricity to the released area;
1-23 (2) the owners of a majority of the land within the
1-24 released area request that the adopting municipality include in its
2-1 extraterritorial jurisdiction the released area;
2-2 (3) the released area is:
2-3 (A) adjacent to the territory of the adopting
2-4 municipality;
2-5 (B) wholly within a county in which both
2-6 municipalities have territory; and
2-7 (C) located in the county in which the adopting
2-8 municipality is located and either (i) north of the south bank of a
2-9 branch of a creek in which the adopting municipality discharges
2-10 wastewater pursuant to a permit issued by the Texas Natural
2-11 Resource Conservation Commission or its predecessor agency prior to
2-12 the effective date of this section and west of the confluence of
2-13 such branch of that creek with a northern branch of that creek, or
2-14 (ii) abutting that creek and described in an amendment to a water
2-15 sale contract between the adopting municipality and a river
2-16 authority, if by September 1, 1996, the releasing municipality does
2-17 not enter into a contract with the owners of such abutting tract to
2-18 supply water and wastewater service to such abutting tract;
2-19 (4) the adopting municipality adopts ordinances or
2-20 regulations within the released area for water quality standards
2-21 relating to the control or abatement of water pollution that are in
2-22 conformity with those of the Texas Natural Resource Conservation
2-23 Commission applicable to the released area on January 1, 1995; and
2-24 (5) the adopting municipality has adopted a service
2-25 plan to provide water and sewer service to the area acceptable to
2-26 the owners of a majority of the land within the released area.
2-27 (c)(1) The service plan under Subsection (b)(5) shall
3-1 include an assessment of the availability and feasibility of
3-2 participation in any regional facility permitted by the Texas
3-3 Natural Resource Conservation Commission in which the releasing
3-4 municipality is a participant and had plans to provide service to
3-5 the released area. The plan for regional service shall include:
3-6 (A) proposed dates for providing sewer service
3-7 through the regional facility;
3-8 (B) terms of financial participation to provide
3-9 sewer service to the released area, including rates proposed for
3-10 service sufficient to reimburse the regional participants over a
3-11 reasonable time for any expenditures associated with that portion
3-12 of the regional facility designed or constructed to serve the
3-13 released area as of January 1, 1993; and
3-14 (C) participation by the adopting municipality
3-15 in governance of the regional facility based on the percentage of
3-16 land to be served by the regional facility in the released area
3-17 compared to the total land area to be served by the regional
3-18 facility.
3-19 (2) The adopting municipality shall deliver a copy of
3-20 the service plan to the releasing municipality and any other
3-21 participant in any regional facility described in this subsection
3-22 at least 30 days before the resolution to assume extraterritorial
3-23 jurisdiction. The releasing municipality and any other participant
3-24 in any regional facility described in this subsection by resolution
3-25 shall, within 30 days of delivery of the service plan, either
3-26 accept that portion of the service plan related to participation by
3-27 the adopting municipality in the regional facility or propose
4-1 alternative terms of participation.
4-2 (3) If the adopting municipality, the releasing
4-3 municipality, and any other participant in any regional facility
4-4 described in this subsection fail to reach agreement on the service
4-5 plan within 60 days after the service plan is delivered, any
4-6 municipality that is a participant in the regional facility or any
4-7 owner of land within the area to be released may appeal the matter
4-8 to the Texas Natural Resource Conservation Commission. The Texas
4-9 Natural Resource Conservation Commission shall, in its resolution
4-10 of any differences between proposals submitted for review in this
4-11 subsection, use a cost-of-service allocation methodology which
4-12 treats each service unit in the regional facility equally, with any
4-13 variance in rates to be based only on differences in costs based on
4-14 the time service is provided to an area served by the regional
4-15 facility. The Texas Natural Resource Conservation Commission may
4-16 allow the adopting municipality, the releasing municipality, or any
4-17 other participant in any regional facility described in this
4-18 subsection to withdraw from participation in the regional facility
4-19 on a showing of undue financial hardship.
4-20 (4) A decision by the Texas Natural Resource
4-21 Conservation Commission under this subsection is not subject to
4-22 judicial review, and any costs associated with the commission's
4-23 review shall be assessed to the parties to the decision in
4-24 proportion to the percentage of land served by the regional
4-25 facility subject to review in the jurisdiction of each party.
4-26 (5) The releasing municipality shall not, prior to
4-27 January 1, 1997, discontinue or terminate any interlocal agreement,
5-1 contract, or commitment relating to water or sewer service that it
5-2 has as of January 1, 1995, with the adopting municipality without
5-3 the consent of the adopting municipality.
5-4 (d) On the date the adopting municipality delivers a copy of
5-5 the resolution under Subsection (b) to the municipal clerk of the
5-6 releasing municipality, the released area shall be included in the
5-7 extraterritorial jurisdiction of the adopting municipality and
5-8 excluded from the extraterritorial jurisdiction of the releasing
5-9 municipality.
5-10 (e) If all or part of a tract of land under the control of
5-11 the same ownership has been or becomes split between the
5-12 extraterritorial jurisdiction of a municipality subject to this
5-13 section and the jurisdiction of another municipality or is land
5-14 described in Subsection (b)(3)(C), then the authority granted under
5-15 Chapter 212 resides with the municipality selected by the owner of
5-16 the property through petition to that municipality.
5-17 (f) Nothing in this section requires the releasing
5-18 municipality to continue to participate in a regional wastewater
5-19 treatment plant providing service, or to provide new services, to
5-20 any territory within the released area.
5-21 (g) This section controls over any conflicting provision of
5-22 this subchapter.
5-23 SECTION 2. If any provision, section, sentence, clause, or
5-24 phrase of this Act, or the application of same to any person or set
5-25 of circumstances is for any reason held to be unconstitutional,
5-26 void, invalid, or for any reason unenforceable, the validity of the
5-27 remaining portions of this Act or the application to such other
6-1 persons or sets of circumstances shall not be affected hereby, it
6-2 being the intent of the legislature in adopting this Act that no
6-3 portion hereof or provision contained herein shall become
6-4 inoperative or fail by reason of any unconstitutionality or
6-5 invalidity of any other portion or provision.
6-6 SECTION 3. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.