1-1 By: Wentworth S.B. No. 1791 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 18, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 1; April 18, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1791 By: Wentworth 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the annexation of a portion of certain municipal 1-11 utility districts. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter D, Chapter 43, Local Government Code, 1-14 is amended by adding Section 43.0725 to read as follows: 1-15 Sec. 43.0725. ANNEXATION OF AREAS OF CERTAIN MUNICIPAL 1-16 UTILITY DISTRICTS. (a) This section applies only to a municipal 1-17 utility district created by an agreement with a municipality under 1-18 Section 54.016, Water Code, executed before January 1, 1997, that 1-19 receives wastewater service from the municipality under the 1-20 agreement and one or more subsequent wastewater agreements between 1-21 the municipality and the district or developers of the district. 1-22 (b) Except as provided by Subsection (c), a municipality may 1-23 not annex any portion of a municipal utility district to which it 1-24 provides wastewater service unless the district is providing retail 1-25 wastewater service to 80 percent or more of the equivalent 1-26 wastewater connection rights that the municipality has allocated to 1-27 the district under the agreements described by Subsection (a) for 1-28 the collection and transmission of wastewater. 1-29 (c) Subsection (b) does not apply to an annexation if: 1-30 (1) a petition requesting annexation is filed with the 1-31 municipality that is signed by a majority of the qualified voters 1-32 of the district and the owners of at least 50 percent of the land 1-33 in the district; or 1-34 (2) the agreement described by Subsection (a) states 1-35 that the execution of the agreement begins the process of 1-36 annexation. 1-37 SECTION 2. The change in law made by this Act applies only 1-38 to an annexation for which the first hearing notice required by 1-39 Section 43.052, Local Government Code, is published on or after 1-40 January 1, 1997, and that has not been completed before the 1-41 effective date of this Act. 1-42 SECTION 3. The importance of this legislation and the 1-43 crowded condition of the calendars in both houses create an 1-44 emergency and an imperative public necessity that the 1-45 constitutional rule requiring bills to be read on three several 1-46 days in each house be suspended, and this rule is hereby suspended, 1-47 and that this Act take effect and be in force from and after its 1-48 passage, and it is so enacted. 1-49 * * * * *