AN ACT

 1-1     relating to authorizing certain municipal utility districts to

 1-2     repair and maintain streets and to issue bonds for that purpose.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter D, Chapter 54, Water Code, is amended

 1-5     by adding Section 54.242 to read as follows:

 1-6           Sec. 54.242.  STREET REPAIR OR MAINTENANCE.  A district

 1-7     created by general law or special act of the legislature in

 1-8     existence for at least 10 years may repair or maintain a street

 1-9     within the district as provided by Section 54.522.

1-10           SECTION 2.  Subchapter F, Chapter 54, Water Code, is amended

1-11     by adding Section 54.522 to read as follows:

1-12           Sec. 54.522.  BONDS FOR STREET REPAIR OR MAINTENANCE.

1-13     (a)  The legislature finds that the condition of streets affects:

1-14                 (1)  the control, storage, preservation, and

1-15     distribution of the state's storm and flood waters;

1-16                 (2)  the control, abatement, or change of any shortage

1-17     or harmful excess of water; and

1-18                 (3)  a municipal utility district's ability to

1-19     accomplish its purposes.

1-20           (b)  It is the policy of the state to authorize a municipal

1-21     utility district in certain circumstances to take action that is

1-22     necessary to prevent the condition of a street within the district

1-23     from adversely affecting the control, storage, preservation, and

 2-1     distribution of the state's storm and flood waters, adversely

 2-2     affecting the control, abatement, or change of any shortage or

 2-3     harmful excess of water, or otherwise impeding a district's ability

 2-4     to accomplish its purposes.

 2-5           (c)  A district created by general law or special act of the

 2-6     legislature in existence for at least 10 years may issue bonds for

 2-7     the purpose of repairing or maintaining streets within the district

 2-8     if the bonds are authorized by a majority vote of the resident

 2-9     electors of the district voting in an election called and held for

2-10     that purpose.

2-11           (d)  An election required by this section must be held on the

2-12     uniform election date in November authorized by Section 41.001,

2-13     Election Code. Notwithstanding Section 41.003, Election Code, an

2-14     election under this section may be held on the date of the general

2-15     election for state and county officers.

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.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1878 passed the Senate on

         April 24, 1997, by the following vote:  Yeas 29, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1878 passed the House on

         May 16, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor