1-1 By: Wentworth S.B. No. 1375 1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 20, 1995, reported favorably, as amended, by the following 1-5 vote: Yeas 7, Nays 0; April 20, 1995, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Brown 1-7 Amend S.B. No. 1375 on page 1, line 20 (committee printing page 1, 1-8 line 31), by inserting the following before the semicolon: 1-9 ", and neither county has a population greater than 1-10 2,500,000, according to the last preceding federal census" 1-11 A BILL TO BE ENTITLED 1-12 AN ACT 1-13 relating to a municipal utility district composed of noncontiguous 1-14 areas located in the extraterritorial jurisdiction of two 1-15 municipalities. 1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-17 SECTION 1. Subchapter B, Chapter 54, Water Code, is amended 1-18 by adding Section 54.0162 to read as follows: 1-19 Sec. 54.0162. OPTION OF SELECTION BY DISTRICT COMPOSED OF 1-20 NONCONTIGUOUS AREAS LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF 1-21 TWO MUNICIPALITIES. (a) A municipal utility district composed of 1-22 noncontiguous areas that are contained in the extraterritorial 1-23 jurisdiction of two municipalities may choose, by a resolution of 1-24 the governing body of the district, to be wholly contained in the 1-25 extraterritorial jurisdiction of one municipality selected by the 1-26 governing body of the district if: 1-27 (1) both the municipality selected by the district and 1-28 all parts of the district are located in the same county; 1-29 (2) a majority of the area of the municipality not 1-30 selected by the district is in a county other than the county in 1-31 which the district is located; 1-32 (3) the boundary of the municipality selected by the 1-33 district is located not more than two miles from any part of the 1-34 district; 1-35 (4) the noncontiguous areas of the district are not, 1-36 at their closest point, more than two miles apart; 1-37 (5) the district is within a water control and 1-38 improvement district; and 1-39 (6) a certified copy of the resolution of the 1-40 governing body of the district is filed with both municipalities 1-41 before the effective date specified in the resolution. 1-42 (b) If a municipal utility district selects a municipality 1-43 under Subsection (a), another municipal utility district that has a 1-44 boundary contiguous to the district that has selected a 1-45 municipality under Subsection (a) and has a boundary contiguous to 1-46 the selected municipality may choose by resolution of the governing 1-47 body of the municipal utility district to be contained wholly in 1-48 the extraterritorial jurisdiction of the selected municipality. A 1-49 copy of the resolution must be filed in the same manner as required 1-50 by Subsection (a)(6). 1-51 (c) The governing body of a municipality not selected under 1-52 the provisions of Subsection (a) or (b) shall release the area of 1-53 the municipal utility district from the municipality's 1-54 extraterritorial jurisdiction on the effective date of the 1-55 resolution presented to the governing body of the municipality 1-56 under Subsection (a) or (b). The released area becomes part of the 1-57 extraterritorial jurisdiction of the selected municipality. The 1-58 released area is not subject to any ordinance of the municipality 1-59 not selected by the district. 1-60 (d) This section controls over any other law relating to the 1-61 creation, application, or operation of the extraterritorial 1-62 jurisdiction of a municipality. 1-63 SECTION 2. The importance of this legislation and the 1-64 crowded condition of the calendars in both houses create an 1-65 emergency and an imperative public necessity that the 1-66 constitutional rule requiring bills to be read on three several 1-67 days in each house be suspended, and this rule is hereby suspended, 1-68 and that this Act take effect and be in force from and after its 2-1 passage, and it is so enacted. 2-2 * * * * *