1-1 By: Shapiro S.B. No. 1225
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 11, 1999, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; May 11, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of water districts or political
1-9 subdivisions and the annexation of land by a water district or
1-10 political subdivision.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter B, Chapter 49, Water Code, is amended
1-13 by adding Section 49.012 to read as follows:
1-14 Section 49.012. CONSENT OF CITY. Notwithstanding any other
1-15 provision provided by law, no land within the corporate limits of a
1-16 city shall be included in a district without the written consent,
1-17 by ordinance or resolution, of the city. The provisions of this
1-18 section shall apply whether the land is proposed to be included in
1-19 the district at the time of creation of a district or to be
1-20 included by annexation to a district.
1-21 SECTION 2. Subsection (a), Section 49.301, Water Code, is
1-22 amended to read as follows:
1-23 (a) In addition to any other provision provided by law, the
1-24 owner or owners of land whether or not contiguous to the district
1-25 or otherwise may file with the board a petition requesting that
1-26 there be included in the district the land described in the
1-27 petition by metes and bounds or by lot and block number if there is
1-28 a recorded plat of the area to be included in the district. The
1-29 petition may request the district to condition the annexation on
1-30 certain conditions, including the voter authorization of bonds to
1-31 serve the area to be annexed. No land within the corporate limits
1-32 of a city shall be annexed by a district unless the city grants its
1-33 written consent, by resolution or ordinance, to the inclusion of
1-34 the land within the district. No land within the extraterritorial
1-35 jurisdiction of a city shall be annexed by a district except in
1-36 accordance with Section 42.042, Local Government Code.
1-37 SECTION 3. Subsection (a), Section 49.302, Water Code, is
1-38 amended to read as follows:
1-39 (a) In addition to the method of adding land to a district
1-40 described in Section 49.301, defined areas of land, whether or not
1-41 they are contiguous to the district, may be annexed to the district
1-42 in the manner set forth in this section. No land within the
1-43 corporate limits of a city shall be annexed by a district unless
1-44 the city grants its written consent, by resolution or ordinance, to
1-45 the inclusion of the land within the district. No land within the
1-46 extraterritorial jurisdiction of a city shall be annexed by a
1-47 district except in accordance with Section 42.042, Local Government
1-48 Code.
1-49 SECTION 4. Subsections (a), (b), (c), (d), and (f), Section
1-50 42.042, Local Government Code, are amended to read as follows:
1-51 (a) A political subdivision, one purpose of which is to
1-52 supply fresh water for domestic or commercial use or to furnish
1-53 sanitary sewer services, roadways, or drainage, may not be created
1-54 in the extraterritorial jurisdiction of a municipality unless the
1-55 governing body of the municipality gives its written consent by
1-56 ordinance or resolution in accordance with this subsection and the
1-57 Water Code. In giving its consent, the municipality may not place
1-58 any conditions or other restrictions on the creation of the
1-59 political subdivision other than those expressly permitted by
1-60 Section 54.016(e), Water Code. The provisions of this section
1-61 shall apply whether the land is proposed to be included in the
1-62 political subdivision at the time of creation of the political
1-63 subdivision or to be included by annexation to a political
1-64 subdivision; provided, however, this section shall not apply to an
2-1 annexation by a political subdivision that is lawfully within the
2-2 extraterritorial jurisdiction of the municipality as of January 1,
2-3 1999.
2-4 (b) If the governing body fails or refuses to give its
2-5 consent for the creation of the political subdivision or the
2-6 inclusion of the land in a political subdivision on mutually
2-7 agreeable terms within 90 days after the date it receives a written
2-8 request for the consent, a majority of the qualified voters of the
2-9 area of the proposed political subdivision and the owners of at
2-10 least 50 percent of the land in the proposed political subdivision
2-11 may petition the governing body to make available to the area the
2-12 water, sanitary sewer services, or both that would be provided by
2-13 the political subdivision.
2-14 (c) If, within 120 days after the date the governing body
2-15 receives the petition, the governing body fails to make a contract
2-16 with a majority of the qualified voters of the area of the proposed
2-17 political subdivision and the owners of at least 50 percent of the
2-18 land in the proposed political subdivision to provide the services,
2-19 that failure constitutes the governing body's consent to the
2-20 creation of the proposed political subdivision or the inclusion of
2-21 the land in a political subdivision.
2-22 (d) The consent to the creation of the political subdivision
2-23 or the inclusion of the land in a political subdivision is only an
2-24 authorization to initiate proceedings to create the political
2-25 subdivision or include land in a political subdivision as provided
2-26 by law.
2-27 (f) If the municipality fails or refuses to give its consent
2-28 to the creation of the political subdivision or the inclusion of
2-29 the land in a political subdivision or fails or refuses to execute
2-30 a contract providing for the water or sanitary sewer services
2-31 requested within the time limits prescribed by this section, the
2-32 applicant may petition the Texas Natural Resource Conservation
2-33 Commission for the creation of the political subdivision or the
2-34 inclusion of the land in a political subdivision. The commission
2-35 shall allow creation of the political subdivision or inclusion of
2-36 the land in a [proposed] political subdivision on finding that the
2-37 municipality either does not have the reasonable ability to serve
2-38 or has failed to make a legally binding commitment with sufficient
2-39 funds available to provide water and wastewater service adequate to
2-40 serve the proposed development at a reasonable cost to the
2-41 landowner. The commitment must provide that construction of the
2-42 facilities necessary to serve the land will begin within two years
2-43 and will be substantially completed within 4 1/2 years after the
2-44 date the petition was filed with the municipality.
2-45 SECTION 5. The importance of this legislation and the
2-46 crowded condition of the calendars in both houses create an
2-47 emergency and an imperative public necessity that the
2-48 constitutional rule requiring bills to be read on three several
2-49 days in each house be suspended, and this rule is hereby suspended,
2-50 and that this Act take effect and be in force from and after its
2-51 passage, and it is so enacted.
2-52 * * * * *