By: Barrientos S.B. No. 1261 A BILL TO BE ENTITLED AN ACT 1-1 relating to the annexation and the provision of services to certain 1-2 districts by cities and the assessment of surcharges upon the 1-3 dissolution of those districts. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 43, Local Government Code, is amended by 1-6 adding section 43.082 as follows: 1-7 Sec. 43.082. (a) This section applies to any district 1-8 created within the extraterritorial jurisdiction of a home-rule 1-9 municipality with written consent by ordinance or resolution as 1-10 required by sec. 42.042, Local Government Code, and the district 1-11 has: 1-12 (1) issued less than $25 million in bonds (excluding 1-13 refunding bonds) repayable in a manner authorized under sec. 1-14 54.503(2), Water Code; 1-15 (2) issued at least $3.5 million of bonds repayable in 1-16 a manner authorized under sec. 54.503(3), Water Code, before June 1-17 1, 1993; and 1-18 (3) constructed all of the facilities for which the 1-19 bonds were issued prior to December 31, 1991. 1-20 (b) Upon the dissolution of a district subject to this 1-21 section as authorized by sec. 54.737, Water Code, the home-rule 1-22 municipality within whose extraterritorial jurisdiction the 1-23 district is located shall provide full municipal services as 2-1 defined by sec. 43.056(c), Local Government Code. 2-2 (c) Upon the dissolution of a district subject to this 2-3 section, that district shall be considered to be annexed to the 2-4 home-rule municipality within whose extraterritorial jurisdiction 2-5 the district is located after the adoption of a resolution by the 2-6 home-rule municipality. 2-7 (d) Upon the dissolution of a district subject to this 2-8 section, the home-rule municipality within whose extraterritorial 2-9 jurisdiction the district is located shall take ownership of the 2-10 district's assets and assume the district's bonded indebtedness 2-11 liabilities, obligations and other debts. The home-rule 2-12 municipality may not collect a surcharge in addition to rates for 2-13 water and sewer service to property that was within the territorial 2-14 boundaries of the district at the time of the dissolution. 2-15 SECTION 2. If any provision of this Act or its application 2-16 thereof to any person or circumstance is held invalid, the 2-17 invalidity does not affect other provisions or applications of this 2-18 Act which can be given effect without the invalid provision or 2-19 application, and to this end the provisions of this Act are 2-20 severable. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.