By:  Wentworth                                        S.B. No. 1791

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the annexation of a portion of certain municipal

 1-2     utility districts.

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

 1-4           SECTION 1.  Subchapter D, Chapter 43, Local Government Code,

 1-5     is amended by adding Section 43.0725 to read as follows:

 1-6           Sec. 43.0725.  ANNEXATION OF AREAS OF CERTAIN MUNICIPAL

 1-7     UTILITY DISTRICTS.  (a)  This section applies only to a municipal

 1-8     utility district created by an agreement with a municipality under

 1-9     Section 54.016, Water Code, executed before January 1, 1997, that

1-10     receives wastewater service from the municipality under the

1-11     agreement and one or more subsequent wastewater agreements between

1-12     the municipality and the district or developers of the district.

1-13           (b)  Except as provided by Subsection (c), a municipality may

1-14     not annex any portion of a municipal utility district to which it

1-15     provides wastewater service unless the district is providing retail

1-16     wastewater service to 80 percent or more of the equivalent

1-17     wastewater connection rights that the municipality has allocated to

1-18     the district under the agreements described by Subsection (a) for

1-19     the collection and transmission of wastewater.

1-20           (c)  Subsection (b) does not apply to an annexation if:

1-21                 (1)  a petition requesting annexation is filed with the

1-22     municipality that is signed by a majority of the qualified voters

1-23     of the district and the owners of at least 50 percent of the land

 2-1     in the district; or

 2-2                 (2)  the agreement described by Subsection (a) states

 2-3     that the execution of the agreement begins the process of

 2-4     annexation.

 2-5           SECTION 2.  The change in law made by this Act applies only

 2-6     to an annexation for which the first hearing notice required by

 2-7     Section 43.052, Local Government Code, is published on or after

 2-8     January 1, 1997, and that has not been completed before the

 2-9     effective date of this Act.

2-10           SECTION 3.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended,

2-15     and that this Act take effect and be in force from and after its

2-16     passage, and it is so enacted.