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By:  Madla                                                        S.B. No. 1302


A BILL TO BE ENTITLED

AN ACT

relating to adding land that is in the extraterritorial 
jurisdiction of a municipality to the territory of certain special 
purpose districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 42, Local Government Code, 
is amended by adding Section 42.048 to read as follows:
	Sec. 42.048.  EXPANSION OF CERTAIN SPECIAL PURPOSE DISTRICTS 
TO INCLUDE EXTRATERRITORIAL JURISDICTION.  (a)   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 may not add territory that is in the extraterritorial 
jurisdiction of a municipality unless the governing body of the 
municipality gives its written consent.
	(b)  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), 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 
may 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)  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.  The heading to Subchapter C, Chapter 42, Local 
Government Code, is amended to read as follows:

SUBCHAPTER C.  CREATION OR EXPANSION OF GOVERNMENTAL 

ENTITIES IN EXTRATERRITORIAL JURISDICTION
	SECTION 3.  This Act takes effect September 1, 2003.                           


COMMITTEE AMENDMENT NO. 1
	Amend S.B. No. 1302 in SECTION 1 of the bill, in proposed 
Section 42.048, Local Government Code (page 2, between lines 7 and 
8, senate engrossment), by adding new Subsections (d) and (e) to 
read as follows:
	(d)  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.
	(e)  This 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.  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:
		(1)  all water quality ordinances of the municipality 
in effect at the time consent was given;
		(2)  any future amendments to those water quality 
ordinances; and    
		(3)  enforcement of those water quality ordinances by 
the municipality.

78R17377 DRH-F                                                          Puente