AN ACT
1-1 relating to certain conservation and reclamation districts that are
1-2 part of more than one municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 43.076, Local Government
1-5 Code, is amended to read as follows:
1-6 (a) This section applies to a municipality that contains, as
1-7 a result of the annexation by or the incorporation of the
1-8 municipality, any part of the area in a water control and
1-9 improvement district, fresh water supply district, or municipal
1-10 utility district organized for the primary purpose of providing
1-11 municipal functions such as the supplying of fresh water for
1-12 domestic or commercial uses or the furnishing of sanitary sewer
1-13 service, if:
1-14 (1) the balance of the area in the district is located
1-15 in one or more other municipalities; [or]
1-16 (2) the district is not created by a special act of
1-17 the legislature and the balance of the area is located in one or
1-18 more other municipalities and in an unincorporated area; or
1-19 (3) the district is a conservation and reclamation
1-20 district of more than 10,000 acres which provides water and
1-21 sanitary sewer service to households and parts of which are located
1-22 in two or more municipalities, one of which has a population of
1-23 more than 1.6 million.
2-1 SECTION 2. Subchapter D, Chapter 43, Local Government Code,
2-2 is amended by adding Section 43.0761 to read as follows:
2-3 Sec. 43.0761. PROVISION OF WATER AND SANITARY SEWER UTILITY
2-4 SERVICE. (a) A district existing on September 1, 1997, that,
2-5 within 10 years after the date of its creation, has not provided
2-6 water and sanitary sewer utility service from its facilities to all
2-7 household users in its territory shall:
2-8 (1) provide water and sanitary sewer utility service
2-9 from its facilities to all household users in its territory not
2-10 later than September 1, 1998; or
2-11 (2) for that part of the district for which the
2-12 district does not provide water and sanitary sewer utility service,
2-13 and for which a municipality does provide those services, provide
2-14 for periodic payments, as described by Subsection (b), by the
2-15 district to the municipality that provides the services.
2-16 (b) Payments made under Subsection (a)(2) are operation and
2-17 maintenance expenses of the district and shall be made at least
2-18 every three months. The total annual amount of the payments may
2-19 not exceed the lesser of:
2-20 (1) the total annual cost to the municipality of
2-21 providing the water and sanitary sewer utility service, including
2-22 both capital and operation and maintenance costs and expenses; or
2-23 (2) the total annual amount of maintenance and
2-24 operation taxes and debt service or bond taxes paid to the district
2-25 by the owners of taxable property within the district that receives
3-1 water and sanitary sewer utility service from the municipality.
3-2 (c) For purposes of Subsection (b)(2), the value of taxable
3-3 property that receives the utility service shall be determined by
3-4 the most recent certified tax roll provided by the central
3-5 appraisal district in which the property is located. The amount of
3-6 the taxes shall be determined using rates from the district's most
3-7 recent tax levies.
3-8 (d) A district that on January 1, 1997, was providing water
3-9 and sanitary sewer utility service to households outside the
3-10 territory of the district may not discontinue that service and
3-11 shall continue to provide that service on the basis of rates
3-12 established by the district in accordance with Chapter 13, Water
3-13 Code.
3-14 (e) In this section, "district" means a conservation and
3-15 reclamation district of more than 10,000 acres that provides water
3-16 and sanitary sewer utility service to households and parts of which
3-17 are located in two or more municipalities, one of which has a
3-18 population of more than 1.6 million.
3-19 SECTION 3. Sections 43.077 and 43.078, Local Government
3-20 Code, are repealed.
3-21 SECTION 4. This Act takes effect September 1, 1997.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1888 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 26, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1888 passed the House, with
amendment, on May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor