SRC-JLB S.B. 1302 78(R)   BILL ANALYSIS

         
Senate Research Center   S.B. 1302
78R6906 DRH-DBy: Madla
Intergovernmental Relations
4/7/2003
As Filed


DIGEST 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION 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.