S.B. No. 1375
AN ACT
1-1 relating to certain municipal utility districts located in the
1-2 extraterritorial jurisdiction of two municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 54, Water Code, is amended
1-5 by adding Section 54.0162 to read as follows:
1-6 Sec. 54.0162. OPTION OF SELECTION BY DISTRICT COMPOSED OF
1-7 NONCONTIGUOUS AREAS LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF
1-8 TWO MUNICIPALITIES. (a) A municipal utility district composed of
1-9 noncontiguous areas that on January 1, 1995, are contained in the
1-10 extraterritorial jurisdiction of two municipalities may choose, by
1-11 a resolution of the governing body of the district, to be wholly
1-12 contained in the extraterritorial jurisdiction of one municipality
1-13 selected by the governing body of the district if:
1-14 (1) both the municipality selected by the district and
1-15 all parts of the district are located in the same county;
1-16 (2) a majority of the area of the municipality not
1-17 selected by the district is in a county other than the county in
1-18 which the district is located, and neither county has a population
1-19 greater than 2,500,000, according to the last preceding federal
1-20 census;
1-21 (3) the boundary of the municipality selected by the
1-22 district is located not more than two miles from any part of the
1-23 district;
1-24 (4) the noncontiguous areas of the district are not,
2-1 at their closest point, more than two miles apart;
2-2 (5) the district is within a water control and
2-3 improvement district; and
2-4 (6) a certified copy of the resolution of the
2-5 governing body of the district is filed with both municipalities
2-6 before the effective date specified in the resolution.
2-7 (b) If a municipal utility district selects a municipality
2-8 under Subsection (a), another municipal utility district that has a
2-9 boundary contiguous to the district that has selected a
2-10 municipality under Subsection (a) and has a boundary contiguous to
2-11 the selected municipality may choose by resolution of the governing
2-12 body of the municipal utility district to be contained wholly in
2-13 the extraterritorial jurisdiction of the selected municipality. A
2-14 copy of the resolution must be filed in the same manner as required
2-15 by Subsection (a)(6).
2-16 (c) The governing body of a municipality not selected under
2-17 the provisions of Subsection (a) or (b) shall release the area of
2-18 the municipal utility district from the municipality's
2-19 extraterritorial jurisdiction on the effective date of the
2-20 resolution presented to the governing body of the municipality
2-21 under Subsection (a) or (b). The released area becomes part of the
2-22 extraterritorial jurisdiction of the selected municipality. The
2-23 released area is not subject to any ordinance of the municipality
2-24 not selected by the district.
2-25 (d) This section controls over any other law relating to the
2-26 creation, application, or operation of the extraterritorial
2-27 jurisdiction of a municipality.
3-1 (e) The provisions of this section also apply to a municipal
3-2 utility district that:
3-3 (1) was created before 1980;
3-4 (2) has an area of 700 acres or less; and
3-5 (3) is located, in part, within the extraterritorial
3-6 jurisdiction of two or more municipalities and, in part, outside
3-7 municipal extraterritorial jurisdiction in the unincorporated area
3-8 of a county.
3-9 (f) A municipal utility district acting under Subsection (e)
3-10 shall comply with the notification and selection requirements of
3-11 this section. A municipality affected by the decision of a
3-12 municipal utility district acting under Subsection (e) shall comply
3-13 with the requirements of Subsections (b) and (c).
3-14 (g) A municipal utility district described by Subsection (e)
3-15 shall notify the affected municipality within 30 calendar days of
3-16 notice of intent to annex by that municipality.
3-17 SECTION 2. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.