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A BILL TO BE ENTITLED
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AN ACT
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relating to the area served by certain municipal drainage utility |
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systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.044(8), Local Government Code, is |
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amended to read as follows: |
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(8) "Service area" means the municipal boundaries and |
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any other land areas outside the municipal boundaries which, as a |
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result of topography or hydraulics, contribute overland flow into |
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the watersheds served by the drainage system of a municipality; |
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provided, however, that in no event may a service area extend |
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farther than the boundaries of a municipality's current |
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extraterritorial jurisdiction, nor, except as provided by Section |
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402.0451, may a service area of one municipality extend into the |
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boundaries of another municipality. The service area is to be |
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established in the ordinance establishing the drainage utility. |
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Provided, that no municipality shall extend a service area outside |
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of its municipal boundaries except: |
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(A) a municipality of more than 400,000 |
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population [located in one or more counties of less than 600,000
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population according to the most recent federal census]; |
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(B) a municipality all or part of which is |
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located over or within the Edwards Aquifer recharge zone or the |
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Edwards Aquifer transition zone, as designated by the Texas Natural |
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Resource Conservation Commission; or |
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(C) as provided by Section 402.0451. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |