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.