S.B. 1302 78(R)    BILL ANALYSIS


S.B. 1302
By: Madla
Natural Resources
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, a municipality's consent is required if a water district is
created within the extraterritorial jurisdiction (ETJ) of the
municipality. However, if a water district annexes land located in the ETJ
of a municipality, no consent from the municipality is required. As
proposed, S.B. 1302 requires a municipality to give its written consent
for the annexation of land into a special district if the land being
annexed is located within the municipality's ETJ; if the municipality
denies inclusion of the land in the district, the municipality would be
required to provide the services that would have been provided as a result
of the annexation.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends Chapter 42C, Local Government Code, by adding Section
42.048, as follows:  
Sec. 42.048. EXPANSION OF CERTAIN SPECIAL PURPOSE DISTRICTS TO INCLUDE
EXTRATERRITORIAL JURISDICTION.  

(a) Prohibits a political subdivision, one purpose of which is to supply
fresh water for domestic or commercial use or to furnish sanitary sewer
services, roadways, or drainage, that is authorized to add territory to
its jurisdiction from adding territory that is in the extraterritorial
jurisdiction of a municipality unless the governing body of the
municipality gives its written consent.  

(b) Authorizes a majority of the qualified voters of the territory for
which the request was made and the owners of at least 50 percent of the
land in that territory, if the governing body fails or refuses to give its
consent for the addition of territory to a political subdivision on
mutually agreeable terms within 90 days after the date it receives a
written request for the consent under Subsection (a), to petition the
governing body to make available to the territory the water or sanitary
sewer services, or both, that would be provided by the political
subdivision.  

(c) Provides that if, within 120 days after the date the governing body
receives the petition, the governing body fails to make a contract with a
majority of the qualified voters of the territory for which the request
was made and the owners of at least 50 percent of the land in that
territory to provide the services, that failure constitutes the governing
body's consent to the addition of the territory to the proposed political
subdivision.  

SECTION 2. Amends the heading to Chapter 42C, Local Government Code, to
read as follows: SUBCHAPTER C. CREATION OR EXPANSION OF GOVERNMENTAL
ENTITIES IN EXTRATERRITORIAL JURISDICTION. 

SECTION 3. Effective date: September 1, 2003. 

EFFECTIVE DATE

September 1, 2003
 EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 adds new subsections (d) and (e) to Section
42.048, Local Government Code, that specify that this section does not
apply in any part of the municipal extraterritorial jurisdiction for which
a water and wastewater utility owned by the municipality has been issued a
certificate of convenience and necessity by the Texas Commission on
Environmental Quality to supply water and sanitary sewer services. 

The amendment also specifies that the section does not impair the
authority of a municipality to enact and enforce water quality ordinances
in the corporate limits and the extraterritorial jurisdiction of the
municipality.  It also specifies that an area in the extraterritorial
jurisdiction of a municipality for which the municipality provides consent
to be included in a political subdivision is subject to water quality
ordinances.