By Lindsay                                            S.B. No. 1498
         76R5692 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the extraterritorial jurisdiction of and annexation by
 1-3     certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 42, Local Government Code,
 1-6     is amended by adding Sections 42.0215 and 42.0216 to read as
 1-7     follows:
 1-8           Sec. 42.0215.  EXTRATERRITORIAL JURISDICTION:  CERTAIN
 1-9     MUNICIPALITIES.  (a)  Notwithstanding Section 42.021, the
1-10     extraterritorial jurisdiction  of a municipality with a population
1-11     of 1.5 million or more is the unincorporated area that is
1-12     contiguous to the corporate boundaries of the municipality and that
1-13     is located within seven miles of a road or highway in the
1-14     municipality that is maintained by the municipality.
1-15           (b)  When the municipality annexes an area, the
1-16     extraterritorial jurisdiction of the municipality expands with the
1-17     annexation to comprise, consistent with Subsection (a), the area
1-18     around the new municipal boundaries.
1-19           Sec. 42.0216.  RESTRICTIONS ON CERTAIN TERRITORY.  (a)  This
1-20     section applies only to territory that a municipality had in its
1-21     extraterritorial jurisdiction under Section 42.021 but that was
1-22     removed from the municipality's extraterritorial jurisdiction
1-23     because of the application of Section 42.0215.
1-24           (b)  A municipality may not be incorporated in the territory
 2-1     before the 15th anniversary of the date  that the municipality lost
 2-2     extraterritorial jurisdiction over the territory.
 2-3           (c)  The extraterritorial jurisdiction of other
 2-4     municipalities does not extend into the territory.
 2-5           (d)  The municipality that lost extraterritorial jurisdiction
 2-6     over the territory shall continue to regulate the subdivision of
 2-7     property in the territory under Chapter 212.
 2-8           SECTION 2.  Section 43.056(c), Local Government Code, is
 2-9     amended to read as follows:
2-10           (c)  For purposes of this section, "full municipal services"
2-11     means services funded in whole or in part by municipal taxation and
2-12     provided by the annexing municipality within its full-purpose
2-13     boundaries.  [A municipality with a population of 1.5 million or
2-14     more may provide all or part of the municipal services required
2-15     under the service plan by contracting with service providers.  If
2-16     the municipality owns a water and wastewater utility, the
2-17     municipality shall, subject to this section, extend water and
2-18     wastewater service to any annexed area not within the service area
2-19     of another water or wastewater utility.  If the municipality
2-20     annexes territory included within the boundaries of a municipal
2-21     utility district or a water control and improvement district, the
2-22     municipality shall comply with applicable state law relating to
2-23     annexation of territory within a municipal utility district or a
2-24     water control and improvement district.  The service plan shall
2-25     summarize the service extension policies of the municipal water and
2-26     wastewater utility.]
2-27           SECTION 3.  This Act takes effect September 1, 1999.
 3-1           SECTION 4.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended.