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.