79R7084 MXM-D

By:  Armbrister                                                   S.B. No. 1280



A BILL TO BE ENTITLED

AN ACT

relating to the annexation by a municipality of a water district in 
its extraterritorial jurisdiction.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.071(a), Local Government Code, is 
amended to read as follows:
	(a)  In this section, "water or sewer district" means a 
district or authority created under Article III, Section 52, 
Subsections (b)(1) and (2), or under Article XVI, Section 59, of the 
Texas Constitution that provides or proposes to provide, as its 
principal function, water services or sewer services or both to 
household users.  The term does not include:
		(1)  a district or authority the primary function of 
which is the wholesale distribution of water; or
		(2)  a district that has adopted a plan for a defined 
area under Subchapter L, Chapter 51, Water Code, or Subchapter J, 
Chapter 54, Water Code.
	SECTION 2.  Subchapter D, Chapter 43, Local Government Code, 
is amended by adding Section 43.0711 to read as follows:
	Sec. 43.0711.  AUTHORITY TO ANNEX WATER DISTRICT.  A 
municipality may not annex a part of a defined area in a district 
that has adopted a plan for the defined area under Subchapter L, 
Chapter 51, Water Code, or Subchapter J, Chapter 54, Water Code, 
unless the municipality:
		(1)  annexes all of the defined area that is within the 
municipality's extraterritorial jurisdiction; and
		(2)  assumes the pro rata share of the bonded 
indebtedness of the annexed area.
	SECTION 3.  Section 43.0711, Local Government Code, as added 
by this Act, applies only to the annexation of an area for which all 
parts of the statutory annexation process are begun on or after the 
effective date of this Act.  The annexation of an area for which any 
part of the statutory annexation process was begun before the 
effective date of this Act is governed by the law in effect 
immediately before the effective date of this Act, and the former 
law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.