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.

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