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 * * * * *