1-1 By: Wentworth S.B. No. 421
1-2 (In the Senate - Filed February 1, 1995; February 6, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 16, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 March 16, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 421 By: Wentworth
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the transfer of extraterritorial jurisdiction between
1-11 certain municipalities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter B, Chapter 42, Local Government Code,
1-14 is amended by adding Section 42.024 to read as follows:
1-15 Sec. 42.024. TRANSFER OF EXTRATERRITORIAL JURISDICTION
1-16 BETWEEN CERTAIN MUNICIPALITIES. (a) In this section:
1-17 (1) "Adopting municipality" means a home-rule
1-18 municipality with a population of less than 15,000 that purchases
1-19 and appropriates raw water for its water utility through a
1-20 transbasin diversion permit from one or two river authorities in
1-21 which the municipality has territory.
1-22 (2) "Releasing municipality" means a home-rule
1-23 municipality with a population of more than 450,000 that owns an
1-24 electric utility.
1-25 (b) The governing body of an adopting municipality may by
1-26 resolution assume the extraterritorial jurisdiction of an area from
1-27 a releasing municipality if:
1-28 (1) the releasing municipality does not provide water,
1-29 sewer services, and electricity to the released area;
1-30 (2) the owners of a majority of the land within the
1-31 released area request that the adopting municipality assume the
1-32 extraterritorial jurisdiction of the released area;
1-33 (3) the adopting municipality has adopted a service
1-34 plan to provide water and sewer service to the released area,
1-35 acceptable to the owners of a majority of the land within the
1-36 released area;
1-37 (4) the released area is:
1-38 (A) adjacent to the territory of the adopting
1-39 municipality;
1-40 (B) wholly within a county in which both
1-41 municipalities have territory; and
1-42 (C) located in the county in which the adopting
1-43 municipality is located and either (i) north of the south bank of a
1-44 branch of a creek in which the adopting municipality discharges
1-45 wastewater pursuant to a permit issued by the Texas Natural
1-46 Resource Conservation Commission or its predecessor agency prior to
1-47 the effective date of this section and west of the confluence of
1-48 that creek with a northern branch of that creek or (ii) abutting
1-49 that creek and described in an amendment to a water sale contract
1-50 between the adopting municipality and a river authority, if the
1-51 releasing municipality does not enter into a contract with the
1-52 owners of such abutting tract to supply water and wastewater
1-53 service to such abutting tract by September 1, 1996; and
1-54 (5) the adopting municipality adopts ordinances or
1-55 regulations within the released area for water quality standards
1-56 relating to the control or abatement of water pollution that are in
1-57 conformity with those of the Texas Natural Resource Conservation
1-58 Commission for the released area on January 1, 1995.
1-59 (c) The adopting municipality assumes the extraterritorial
1-60 jurisdiction of the released area on the date the adopting
1-61 municipality delivers a copy of the resolution to the municipal
1-62 clerk of the releasing municipality.
1-63 (d) Not later than one year after the date in Subsection
1-64 (c), the adopting municipality shall reimburse the releasing
1-65 municipality for the reasonable and actual costs of the releasing
1-66 municipality as of January 1, 1993, in constructing water and sewer
1-67 lines to the released area.
1-68 (e) Nothing in this section shall require the releasing
2-1 municipality to continue to participate in a regional wastewater
2-2 treatment plant providing service, or to provide new services, to
2-3 any territory within the released area.
2-4 SECTION 2. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.
2-11 * * * * *