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78R6906 DRH-D
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.