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.