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