1-1                                   AN ACT

 1-2     relating to a municipal drainage utility system.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 402.044(1), Local Government Code, is

 1-5     amended to read as follows:

 1-6                 (1)(A)  "Benefitted property" means an improved lot or

 1-7     tract to which drainage service is made available under this

 1-8     subchapter.

 1-9                       (B)  "Benefitted property," in a municipality

1-10     with a population of more than 1,000,000 which is operating a

1-11     drainage utility system under this chapter, means a lot or tract,

1-12     but does not include land appraised for agricultural use, to which

1-13     drainage service is made available under this subchapter and which

1-14     discharges into a creek, river, slough, culvert, or other channel

1-15     that is part of the municipality's drainage utility system.

1-16     Sections 402.053(c)(2) and (c)(3) do not apply to a municipality

1-17     described in this subdivision.

1-18           SECTION 2.  Subsection (b), Section 402.047, Local Government

1-19     Code, is amended to read as follows:

1-20           (b)  In setting the schedule of charges for drainage service,

1-21     the governing body must base its calculations on an inventory of

1-22     the lots and tracts within the service area.  The governing body

1-23     may use approved tax plats and assessment rolls for that purpose.

1-24     The governing body may also consider the land use made of the

 2-1     benefitted property.  The governing body may consider the size, in

 2-2     area, the number of water meters, and topography of a parcel of

 2-3     benefitted property, in assessing the drainage charge to the

 2-4     property.

 2-5           SECTION 3.  This Act takes effect September 1, 1997.

 2-6           SECTION 4.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 776 was passed by the House on April

         3, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 776 on May 21, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 776 was passed by the Senate, with

         amendments, on May 19, 1997, by the following vote:  Yeas 31, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor