By Lewis of Orange H.B. No. 1755
76R5324 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements for the creation of a political
1-3 subdivision to supply water or sewer services, roadways, or
1-4 drainage facilities in the extraterritorial jurisdiction of a
1-5 municipality.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 42.042(j), Local Government Code, is
1-8 amended to read as follows:
1-9 (j) The consent requirements of this section do not apply to
1-10 the creation of a special utility district under Chapter 65, Water
1-11 Code, or the creation of a political subdivision by an act of the
1-12 legislature. If a special utility district is to be converted to a
1-13 district with taxing authority that provides utility services, this
1-14 section applies to the conversion.
1-15 SECTION 2. Any governmental act or proceeding related to the
1-16 adoption of an act of the legislature creating a special district
1-17 under Section 59, Article XVI, Texas Constitution, since the
1-18 adoption of Subsection (e) of that section is validated as of the
1-19 date on which it occurred.
1-20 SECTION 3. (a) The purpose of this Act is to clarify and
1-21 confirm that the general law of the state since the adoption of
1-22 Section 59(e), Article XVI, Texas Constitution, has been not to
1-23 require the consent of any municipality for the legislative
1-24 adoption of an act creating a district under Section 59, Article
2-1 XVI, Texas Constitution, and that this interpretation is adopted
2-2 and declared to have been the interpretation of the general law of
2-3 the state since the adoption of Subsection (e) of that section.
2-4 (b) This Act does not nullify or amend any other act of the
2-5 legislature or any order of the Texas Natural Resource Conservation
2-6 Commission relating to any district created under Section 59,
2-7 Article XVI, Texas Constitution, since the adoption of Subsection
2-8 (e) of that section.
2-9 SECTION 4. This Act takes effect September 1, 1999.
2-10 SECTION 5. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.