75R15469 E By Wentworth S.B. No. 1791 Substitute the following for S.B. No. 1791: By Bosse C.S.S.B. No. 1791 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the annexation of a portion of certain municipal 1-3 utility districts. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 43, Local Government Code, 1-6 is amended by adding Section 43.0725 to read as follows: 1-7 Sec. 43.0725. ANNEXATION OF AREAS OF CERTAIN MUNICIPAL 1-8 UTILITY DISTRICTS. (a) This section applies only to a municipal 1-9 utility district that: 1-10 (1) has been allocated wastewater service capacity 1-11 from a municipality pursuant to one or more agreements between the 1-12 municipality and the district or developers of the district 1-13 executed before January 1, 1997; and 1-14 (2) is specifically authorized in the document 1-15 containing the municipality's consent to the creation of the 1-16 district to finance the construction of particular facilities 1-17 necessary to connect to the municipality's wastewater system. 1-18 (b) Except as provided by Subsection (c), a municipality may 1-19 not annex before September 15, 1999, any portion of a municipal 1-20 utility district to which it provides wastewater service unless the 1-21 district is providing retail wastewater service to 80 percent or 1-22 more of the equivalent wastewater service capacity rights that the 1-23 municipality has allocated to the district under the agreements 1-24 described by Subsection (a) for the collection and transmission of 2-1 wastewater. 2-2 (c) Subsection (b) does not apply to an annexation if: 2-3 (1) a petition requesting annexation is filed with the 2-4 municipality that is signed by a majority of the qualified voters 2-5 of the district and the owners of at least 50 percent of the land 2-6 in the district; or 2-7 (2) the agreement described by Subsection (a) contains 2-8 a provision that, on the effective date of this section, states 2-9 that the execution of the agreement begins the process of 2-10 annexation. 2-11 SECTION 2. The change in law made by this Act applies only 2-12 to an annexation for which the first hearing notice required by 2-13 Section 43.052, Local Government Code, is published on or after 2-14 January 1, 1997, and that has not been completed before the 2-15 effective date of this Act. 2-16 SECTION 3. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended, 2-21 and that this Act take effect and be in force from and after its 2-22 passage, and it is so enacted.