By: Campbell S.B. No. 1468

(In the Senate - Filed March 4, 2019; March 14, 2019, read first time and referred to Committee on Intergovernmental Relations; April 26, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 2; April 26, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1468 By: Campbell

A BILL TO BE ENTITLED

AN ACT

relating to annexation by certain municipalities of a special district under a strategic partnership agreement.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 43.0751(s), Local Government Code, is amended to read as follows:

(s) Notwithstanding any other law other than Section 43.083, the procedures prescribed by Subchapters C-3, C-4, and C-5 do not apply to the annexation of an area under this section. Except as provided by Subsection (h), a municipality shall follow the procedures established under the strategic partnership agreement for full-purpose annexation of an area under this section.

SECTION 2. Subchapter D, Chapter 43, Local Government Code, is amended by adding Section 43.083 to read as follows:

Sec. 43.083. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. (a) This section applies only to a municipality that:

(1) operates a municipally owned water utility; and

(2) is a party to a strategic partnership agreement:

(A) with a municipal utility district; and

(B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district.

(b) A municipality authorized or required to annex a district for full purposes under a strategic partnership agreement under Section 43.0751:

(1) may not annex the district without also annexing all of the unincorporated area served by the district that is located in the municipality's extraterritorial jurisdiction; and

(2) must receive approval for the annexations under the agreement and Subdivision (1) as required by Subchapter C-3, C-4, or C-5, as applicable, before annexation.

SECTION 3. 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, 2019.

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