By:  Duncan                                   S.B. No. 718

         97S0483/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the control of harmful excess surface water in the

 1-2     extraterritorial jurisdiction of certain home-rule municipalities.

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

 1-4           SECTION 1.  Chapter 230, Local Government Code, is amended by

 1-5     adding Subchapter C to read as follows:

 1-6           SUBCHAPTER C.  CONTROL OF HARMFUL EXCESS SURFACE WATER

 1-7                     BY CERTAIN HOME-RULE MUNICIPALITIES

 1-8           Sec. 230.021.  PLAYA LAKES.  (a)  In this section, "playa

 1-9     lake" means a flat-floored, clayey bottom of an undrained basin

1-10     that is located in an arid or semi-arid part of the state, is

1-11     naturally dry most of the year, and collects runoff from rain but

1-12     is subject to rapid evaporation.

1-13           (b)  The governing body of a home-rule municipality with a

1-14     population of at least 185,000 may regulate and control the use,

1-15     alteration, and development of the natural drainage feature known

1-16     as a playa lake within its extraterritorial jurisdiction in order

1-17     to prevent harmful excess surface water.  Any city ordinance or

1-18     regulation enacted pursuant to this subchapter shall not interfere

1-19     with normal agricultural practices.

1-20           SECTION 2.  This Act takes effect September 1, 1997.

1-21           SECTION 3.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

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