By Wentworth                                    S.B. No. 1791

      75R6838 DRH-F                           

                                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 receives wholesale wastewater service from a

1-10     municipality under an agreement between the municipality and the

1-11     district or developers of the district executed under Section

1-12     54.016, Water Code.

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 wholesale wastewater service unless the district is

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

1-17     wastewater connection rights that the district has reserved in the

1-18     municipality's wastewater system for the district's customers.

1-19           (c)  Subsection (b) does not apply to an annexation if:

1-20                 (1)  a petition requesting annexation is filed with the

1-21     municipality that is signed by a majority of the qualified voters

1-22     of the district and the owners of at least 50 percent of the land

1-23     in the district; or

1-24                 (2)  the agreement described by Subsection (a) states

 2-1     that the execution of the agreement begins the process of

 2-2     annexation.

 2-3           SECTION 2.  The change in law made by this Act applies only

 2-4     to an annexation for which the first hearing notice required by

 2-5     Section 43.052, Local Government Code, is published on or after

 2-6     January 1, 1997, and that has not been completed before the

 2-7     effective date of this Act.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended,

2-13     and that this Act take effect and be in force from and after its

2-14     passage, and it is so enacted.