By Wentworth S.B. No. 421
74R3402 DRH-F
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 15,000 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 assume the extraterritorial jurisdiction of an area
1-19 from a releasing municipality if:
1-20 (1) the releasing municipality does not provide water,
1-21 sewer services, and electricity to the area;
1-22 (2) for at least the last five years the releasing
1-23 municipality has had a capital improvement plan that includes
1-24 proposed installation of water and sewer lines necessary to serve
2-1 the area, but the plan has not been funded;
2-2 (3) the adopting municipality has adopted a service
2-3 plan to provide water and sewer service to the area;
2-4 (4) the 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) within one or more school districts, each of
2-10 which has the majority of its territory outside the territory of
2-11 the releasing municipality; and
2-12 (5) the adopting municipality adopts ordinances or
2-13 regulations for the area relating to the control or abatement of
2-14 water pollution that are at least as stringent as those of the
2-15 releasing municipality for the area on January 1, 1993.
2-16 (c) The adopting municipality assumes the extraterritorial
2-17 jurisdiction of the area on the date the adopting municipality
2-18 delivers a copy of the resolution to the municipal clerk of the
2-19 releasing municipality.
2-20 (d) Not later than one year after the date in Subsection
2-21 (c), the adopting municipality shall reimburse the releasing
2-22 municipality for the reasonable and actual costs of the releasing
2-23 municipality as of January 1, 1993, in constructing water and sewer
2-24 lines to the area.
2-25 SECTION 2. This Act takes effect September 1, 1995.
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.