1-1     By:  Brown, Madla                                      S.B. No. 262
 1-2           (In the Senate - Filed January 25, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     February 25, 1999, reported favorably, as amended, by the following
 1-5     vote:  Yeas 5, Nays 0; February 25, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Brown
 1-7     Amend S.B. No. 262 as follows:
 1-8     On page  1, line  31, before the word "the", insert "the effective
 1-9     date of"
1-10                            A BILL TO BE ENTITLED
1-11                                   AN ACT
1-12     relating to the reimbursement of landowners or developers prior to
1-13     annexation of a water-related special district.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Section 43.0715, Local Government Code, is
1-16     amended to read as follows:
1-17           Sec. 43.0715.  Annexation of Water-Related Special District:
1-18     Reimbursement of Landowner or Developer; Continuation of District
1-19     and Taxing Authority.  (a)  In this section:
1-20                 (1)  "Special[, "special] district" means a political
1-21     subdivision one purpose of which is to supply fresh water for
1-22     domestic or commercial use or to furnish sanitary sewer services or
1-23     drainage.
1-24                 (2)  "Delinquent sum" means the sum a municipality has
1-25     failed to timely pay to a landowner or developer under Subsection
1-26     (b).
1-27           (b)  If a municipality with a population of less than 1.5
1-28     million annexes a special district for full or limited purposes and
1-29     the annexation precludes or impairs the ability of the district to
1-30     issue bonds, the municipality shall, prior to [simultaneously with]
1-31     the annexation, pay in cash to the landowner or developer of the
1-32     district a sum equal to all actual costs and expenses incurred by
1-33     the landowner or developer in connection with the district that the
1-34     district has, in writing, agreed to pay and that would otherwise
1-35     have been eligible for reimbursement from bond proceeds under the
1-36     rules and requirements of the Texas Natural Resource Conservation
1-37     Commission as such rules and requirements exist on the date of
1-38     annexation.
1-39           (c)  A delinquent sum incurs a penalty of six percent of the
1-40     amount of the sum for the first calendar month it is delinquent
1-41     plus one percent for each additional month or portion of a month
1-42     the sum remains unpaid.  A sum that is delinquent for more than six
1-43     calendar months incurs a total penalty of 12 percent of the amount
1-44     of the delinquent sum without regard to the number of months the
1-45     sum has been delinquent.  In addition to the penalty, a delinquent
1-46     sum accrues interest at a rate of one percent for each month or
1-47     portion of a month the sum remains delinquent.
1-48           SECTION 2.  The changes in law made by this Act in amending
1-49     Subsection (a) and adding Subsection (c), Section 43.0715, Local
1-50     Government Code, apply to any sum that is delinquent on the
1-51     effective date of this Act.
1-52           SECTION 3.  The importance of this legislation and the
1-53     crowded condition of the calendars in both houses create an
1-54     emergency and an imperative public necessity that the
1-55     constitutional rule requiring bills to be read on three several
1-56     days in each house be suspended, and this rule is hereby suspended,
1-57     and that this Act take effect and be in force from and after its
1-58     passage, and it is so enacted.
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