1-1 By: Brown, Wentworth S.B. No. 1016
1-2 (In the Senate - Filed March 8, 1995; March 8, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 5, 1995, reported favorably by the following vote: Yeas 8,
1-5 Nays 2; April 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers of water control and improvement districts.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 51.149, Water Code, is amended by adding
1-11 Subsections (d), (e), and (f) to read as follows:
1-12 (d) A contract may provide that the district will make
1-13 payments under the contract from proceeds from the sale of notes or
1-14 bonds, from taxes, from any other income of the district, or from
1-15 any combination of these.
1-16 (e) A district may make payments under a contract from
1-17 taxes, other than maintenance taxes, after the provisions of the
1-18 contract have been approved by a majority of the electors voting at
1-19 an election held for that purpose.
1-20 (f) Any contract election may be held at the same time as
1-21 and in conjunction with an election to issue bonds, and the
1-22 procedure for calling the election, giving notice, conducting the
1-23 election, and canvassing the returns shall be the same as the
1-24 procedure for a bond election.
1-25 SECTION 2. Section 51.714, Water Code, is amended to read as
1-26 follows:
1-27 Sec. 51.714. Adding Land by Petition of Landowner. The
1-28 owner of land may file with the board a petition requesting that
1-29 the land described by metes and bounds in the petition be included
1-30 in the district. Notwithstanding any municipal ordinance,
1-31 resolution, or any other statute to the contrary, a municipality
1-32 may not require the annexing district or the landowner who is
1-33 requesting annexation to obtain the municipality's consent to the
1-34 district's annexation of the additional land if, at the time the
1-35 petition is filed, the land to be annexed is contiguous to the
1-36 district and at any time within the preceding 12 months was not
1-37 located within an area designated by ordinance or resolution of the
1-38 municipality's governing body as the municipality's water and sewer
1-39 service area or corporate limits, and the district has not
1-40 previously issued any bonded indebtedness. The land shall be
1-41 deemed to be contiguous to the district if it is separated from the
1-42 district by public land or right of way. A district may not
1-43 increase its total land area by more than 100 percent in any one
1-44 calendar year. <If the land to be annexed by the district is
1-45 within this extraterritorial jurisdiction of a city, then the
1-46 annexation shall not become effective until: (1) the city is given
1-47 written notice of the proposed annexation; (2) a period of 120 days
1-48 has expired since the notice was received; and (3) within such
1-49 120-day period, the city does not extend its service area
1-50 boundaries along with its impact fee boundaries to include the land
1-51 subject to annexation by the district along with a plan to serve
1-52 the land with utilities in a manner substantially similar to that
1-53 plan contemplated by this district.> A municipality's consent
1-54 shall not be required for the inclusion or annexation of irrigable
1-55 land within the boundaries of a district primarily engaged in
1-56 providing irrigation service to lands within its boundaries.
1-57 SECTION 3. Subsection (c), Section 51.752, Water Code, is
1-58 amended to read as follows:
1-59 (c) Each of the resulting districts shall assume the
1-60 obligations of the original district under any agreements or
1-61 resolutions consenting to the creation of the original district
1-62 imposed by any municipality having jurisdiction over such creation
1-63 to the extent that such agreements and resolutions (i) are
1-64 applicable, (ii) are not contrary to any other law or the
1-65 provisions of this chapter, and (iii) do not impose obligations
1-66 that limit the district's powers and authority to issue bonds for
1-67 any purpose authorized under this chapter. Any such obligations
1-68 that so limit the district's powers and authority to issue bonds
2-1 for any purpose authorized under this chapter are void.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended,
2-7 and that this Act take effect and be in force from and after its
2-8 passage, and it is so enacted.
2-9 * * * * *