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.