75R13864 MI-F
By Brown S.B. No. 1888
Substitute the following for S.B. No. 1888:
By Counts C.S.S.B. No. 1888
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the repeal of the authority to abolish certain
1-3 conservation and reclamation districts that become part of more
1-4 than one municipality.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 43.076(a), Local Government Code, is
1-7 amended to read as follows:
1-8 (a) This section applies to a municipality that contains, as
1-9 a result of the annexation by or the incorporation of the
1-10 municipality, any part of the area in a water control and
1-11 improvement district, fresh water supply district, or municipal
1-12 utility district organized for the primary purpose of providing
1-13 municipal functions such as the supplying of fresh water for
1-14 domestic or commercial uses or the furnishing of sanitary sewer
1-15 service, if:
1-16 (1) the balance of the area in the district is located
1-17 in one or more other municipalities; [or]
1-18 (2) the district is not created by a special act of
1-19 the legislature and the balance of the area is located in one or
1-20 more other municipalities and in an unincorporated area; or
1-21 (3) the district is a conservation and reclamation
1-22 district of more than 10,000 acres that provides water and sanitary
1-23 sewer service to households and parts of which are located in two
1-24 or more municipalities, one of which has a population of more than
2-1 1.6 million.
2-2 SECTION 2. Subchapter D, Chapter 43, Local Government Code,
2-3 is amended by adding Section 43.0761 to read as follows:
2-4 Sec. 43.0761. PROVISION OF WATER AND SANITARY SEWER UTILITY
2-5 SERVICE. (a) A district existing on September 1, 1997, that,
2-6 within 10 years after the date of its creation, has not provided
2-7 water and sanitary sewer utility service from its facilities to all
2-8 household users in its territory shall:
2-9 (1) provide water and sanitary sewer utility service
2-10 from its facilities to all household users in its territory not
2-11 later than September 1, 1998; or
2-12 (2) for that part of the district for which the
2-13 district does not provide water and sanitary sewer utility service,
2-14 and for which a municipality does provide those services, provide
2-15 for periodic payments, as described by Subsection (b), by the
2-16 district to the municipality that provides the services.
2-17 (b) Payments made under Subsection (a)(2) are operation and
2-18 maintenance expenses of the district and shall be made at least
2-19 every three months. The total annual amount of the payments may
2-20 not exceed the lesser of:
2-21 (1) the total annual cost to the municipality of
2-22 providing the water and sanitary sewer utility service, including
2-23 both capital and operation and maintenance costs and expenses; or
2-24 (2) the total annual amount of maintenance and
2-25 operation taxes and debt service or bond taxes paid to the district
2-26 by the owners of taxable property within the district that receives
2-27 water and sanitary sewer utility service from the municipality.
3-1 (c) For purposes of Subsection (b)(2), the value of taxable
3-2 property that receives the utility service shall be determined by
3-3 the most recent certified tax roll provided by the central
3-4 appraisal district in which the property is located. The amount of
3-5 the taxes shall be determined using rates from the district's most
3-6 recent tax levies.
3-7 (d) A district that, on January 1, 1997, was providing water
3-8 and sanitary sewer utility service to households outside the
3-9 territory of the district may not discontinue that service and
3-10 shall continue to provide that service on the basis of rates
3-11 established by the district in accordance with Chapter 13, Water
3-12 Code.
3-13 (e) In this section, "district" means a conservation and
3-14 reclamation district of more than 10,000 acres that provides water
3-15 and sanitary sewer utility service to households and parts of which
3-16 are located in two or more municipalities, one of which has a
3-17 population of more than 1.6 million.
3-18 SECTION 3. Sections 43.077 and 43.078, Local Government
3-19 Code, are repealed.
3-20 SECTION 4. This Act takes effect September 1, 1997.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.