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