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.
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