1-1     By:  Duncan                                            S.B. No. 718

 1-2           (In the Senate - Filed February 24, 1997; February 26, 1997,

 1-3     read first time and referred to Committee on Natural Resources;

 1-4     April 7, 1997, reported favorably by the following vote:  Yeas 8,

 1-5     Nays 0; April 7, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the control of harmful excess surface water in the

 1-9     extraterritorial jurisdiction of certain home-rule municipalities.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 230, Local Government Code, is amended by

1-12     adding Subchapter C to read as follows:

1-13           SUBCHAPTER C.  CONTROL OF HARMFUL EXCESS SURFACE WATER

1-14                     BY CERTAIN HOME-RULE MUNICIPALITIES

1-15           Sec. 230.021.  PLAYA LAKES.  (a)  In this section, "playa

1-16     lake" means a flat-floored, clayey bottom of an undrained basin

1-17     that is located in an arid or semi-arid part of the state, is

1-18     naturally dry most of the year, and collects runoff from rain but

1-19     is subject to rapid evaporation.

1-20           (b)  The governing body of a home-rule municipality with a

1-21     population of at least 185,000 may regulate and control the use,

1-22     alteration, and development of the natural drainage feature known

1-23     as a playa lake within its extraterritorial jurisdiction in order

1-24     to prevent harmful excess surface water.  Any city ordinance or

1-25     regulation enacted pursuant to this subchapter shall not interfere

1-26     with normal agricultural practices.

1-27           SECTION 2.  This Act takes effect September 1, 1997.

1-28           SECTION 3.  The importance of this legislation and the

1-29     crowded condition of the calendars in both houses create an

1-30     emergency and an imperative public necessity that the

1-31     constitutional rule requiring bills to be read on three several

1-32     days in each house be suspended, and this rule is hereby suspended.

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