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.