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AN ACT
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relating to municipal consent to the addition to a political |
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subdivision of land located in the extraterritorial jurisdiction of |
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the municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C, Chapter 42, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. CREATION OR EXPANSION OF GOVERNMENTAL ENTITIES IN |
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EXTRATERRITORIAL JURISDICTION |
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SECTION 2. Subchapter C, Chapter 42, Local Government Code, |
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is amended by adding Section 42.0425 to read as follows: |
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Sec. 42.0425. ADDITION OF LAND IN EXTRATERRITORIAL |
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JURISDICTION OF MUNICIPALITY TO CERTAIN POLITICAL |
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SUBDIVISIONS. (a) A political subdivision, one purpose of which is |
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to supply fresh water for domestic or commercial use or to furnish |
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sanitary sewer services, roadways, or drainage, may not add land |
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that is located in the extraterritorial jurisdiction of a |
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municipality unless the governing body of the municipality gives |
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its written consent by ordinance or resolution in accordance with |
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this section and the Water Code. In giving its consent, the |
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municipality may not place any conditions or other restrictions on |
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the expansion of the political subdivision other than those |
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expressly permitted by Section 54.016(e), Water Code. |
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(b) The procedures under Section 42.042 governing a |
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municipality's refusal to consent to the creation of a political |
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subdivision apply to a municipality that refuses to consent to the |
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addition of land to a political subdivision under this section. |
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(c) An owner of land in the area proposed to be added to the |
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political subdivision may not unreasonably refuse to enter into a |
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contract for water or sanitary sewer services with the municipality |
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under Section 42.042(c). |
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(d) This section does not apply to a political subdivision |
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created by Chapter 289, Acts of the 73rd Legislature, Regular |
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Session, 1993. |
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SECTION 3. The heading to Subchapter B, Chapter 54, Water |
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Code, is amended to read as follows: |
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SUBCHAPTER B. CREATION OR EXPANSION OF DISTRICT; CONVERSION OF |
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DISTRICT |
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SECTION 4. Subchapter B, Chapter 54, Water Code, is amended |
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by adding Section 54.0165 to read as follows: |
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Sec. 54.0165. ADDITION TO DISTRICT OF LAND IN |
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EXTRATERRITORIAL JURISDICTION OF MUNICIPALITY. (a) A district may |
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not add land that is located in the extraterritorial jurisdiction |
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of a municipality unless the governing body of the municipality |
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gives its written consent by ordinance or resolution in accordance |
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with this subsection and Section 54.016. In giving its consent, the |
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municipality may not place any conditions or other restrictions on |
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the expansion of the political subdivision other than those |
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expressly permitted by Section 54.016(e). |
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(b) The procedures under Section 54.016 governing a |
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municipality's refusal to consent to the creation of a district |
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apply to a municipality that refuses to consent to the addition of |
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land to a district under this section. |
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(c) An owner of land in the area proposed to be added to the |
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district may not unreasonably refuse to enter into a contract for |
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water or sanitary sewer services with the municipality under |
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Section 54.016(c). |
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SECTION 5. The changes in law made by this Act apply only to |
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a political subdivision, including a municipal utility district, |
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that adds land on or after the effective date of this Act. A |
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political subdivision that adds land before the effective date of |
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this Act is governed by the law in effect on the date the land was |
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added, and the former law is continued in effect for that purpose. |
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SECTION 6. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2091 was passed by the House on May |
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10, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2091 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |