1-1     By:  Wentworth                                        S.B. No. 1878

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 11, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     April 11, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1878                 By:  Shapiro

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to authorizing certain municipal utility districts to

1-11     repair and maintain streets and to issue bonds for that purpose.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter D, Chapter 54, Water Code, is amended

1-14     by adding Section 54.242 to read as follows:

1-15           Sec. 54.242.  STREET REPAIR OR MAINTENANCE.  A district

1-16     created by general law or special act of the legislature in

1-17     existence for at least 10 years may repair or maintain a street

1-18     within the district as provided by Section 54.522.

1-19           SECTION 2.  Subchapter F, Chapter 54, Water Code, is amended

1-20     by adding Section 54.522 to read as follows:

1-21           Sec. 54.522.  BONDS FOR STREET REPAIR OR MAINTENANCE.

1-22     (a)  The legislature finds that the condition of streets affects:

1-23                 (1)  the control, storage, preservation, and

1-24     distribution of the state's storm and flood waters;

1-25                 (2)  the control, abatement, or change of any shortage

1-26     or harmful excess of water; and

1-27                 (3)  a municipal utility district's ability to

1-28     accomplish its purposes.

1-29           (b)  It is the policy of the state to authorize a municipal

1-30     utility district in certain circumstances to take action that is

1-31     necessary to prevent the condition of a street within the district

1-32     from adversely affecting the control, storage, preservation, and

1-33     distribution of the state's storm and flood waters, adversely

1-34     affecting the control, abatement, or change of any shortage or

1-35     harmful excess of water, or otherwise impeding a district's ability

1-36     to accomplish its purposes.

1-37           (c)  A district created by general law or special act of the

1-38     legislature in existence for at least 10 years may issue bonds for

1-39     the purpose of repairing or maintaining streets within the district

1-40     if the bonds are authorized by a majority vote of the resident

1-41     electors of the district voting in an election called and held for

1-42     that purpose.

1-43           (d)  An election required by this section must be held on the

1-44     uniform election date in November authorized by Section 41.001,

1-45     Election Code. Notwithstanding Section 41.003, Election Code, an

1-46     election under this section may be held on the date of the general

1-47     election for state and county officers.

1-48           SECTION 3.  The importance of this legislation and the

1-49     crowded condition of the calendars in both houses create an

1-50     emergency and an imperative public necessity that the

1-51     constitutional rule requiring bills to be read on three several

1-52     days in each house be suspended, and this rule is hereby suspended,

1-53     and that this Act take effect and be in force from and after its

1-54     passage, and it is so enacted.

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