1-1  By:  Barrientos, Wentworth                            S.B. No. 1645
    1-2        (In the Senate - Filed April 10, 1995; April 10, 1995, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 28, 1995, reported favorably by the following vote:  Yeas 8,
    1-5  Nays 0; April 28, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the division of an original water control and
    1-9  improvement district with no outstanding indebtedness.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  SECTION 51.748, Water Code, is amended to read as
   1-12  follows:
   1-13        Sec. 51.748.  DIVISION OF ORIGINAL DISTRICT WITH NO
   1-14  OUTSTANDING INDEBTEDNESS.  (a)  An original district heretofore
   1-15  created and governed by the provisions of this chapter (an
   1-16  "original district") that does not have any outstanding
   1-17  indebtedness secured by the taxes or net revenues of an original
   1-18  district may divide into two or more districts as provided by
   1-19  Sections 51.749 through 51.758 of this code; provided, however, no
   1-20  division shall occur that would result in the creation of a
   1-21  district of less than 100 acres in size.  Upon petition of any
   1-22  landowner or upon the board's own motion, the board may consider a
   1-23  proposal to divide the original district.
   1-24        (b)  A district that:
   1-25              (1)  is located in two or more counties;
   1-26              (2)  is within the jurisdiction of two river
   1-27  authorities, one of which has issued an interbasin transfer permit
   1-28  to a city which provides the district's water supply;
   1-29              (3)  has not constructed any facilities or incurred any
   1-30  indebtedness secured by taxes or net revenues; and
   1-31              (4)  was created by division under Sections 51.749
   1-32  through 51.758 of this code may divide into two or more districts
   1-33  as provided by Sections 51.749 through 51.758 of this code;
   1-34  provided, however, no division shall occur that would result in the
   1-35  creation of a district of less than 100 acres in size.  On petition
   1-36  of any landowner or on the board's own motion, the board may
   1-37  consider a proposal to divide the district.
   1-38        SECTION 2.  The importance of this legislation and the
   1-39  crowded condition of the calendars in both houses create an
   1-40  emergency and an imperative public necessity that the
   1-41  constitutional rule requiring bills to be read on three several
   1-42  days in each house be suspended, and this rule is hereby suspended,
   1-43  and that this Act take effect and be in force from and after its
   1-44  passage, and it is so enacted.
   1-45                               * * * * *