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AN ACT
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relating to the requirements governing municipal consent to the |
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creation or expansion of certain water districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.042(a), Local Government Code, is |
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amended to read as follows: |
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(a) A political subdivision, one purpose of which is to |
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supply fresh water for domestic or commercial use or to furnish |
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sanitary sewer services, roadways, or drainage, may not be created |
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in the extraterritorial jurisdiction of a municipality unless the |
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governing body of the municipality gives its written consent by |
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ordinance or resolution in accordance with this subsection and the |
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Water Code. In giving its consent, the municipality may not place |
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any conditions or other restrictions on the creation of the |
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political subdivision other than those expressly permitted by |
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Sections [Section] 54.016(e) and (i), Water Code. |
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SECTION 2. Section 54.016, Water Code, is amended by adding |
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Subsections (i) and (j) to read as follows: |
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(i) This subsection applies only to a city with a population |
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of 500,000 or more located in a county with a population of 1.4 |
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million or more in which two or more cities or towns with a |
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population of 300,000 or more are predominately located. A city may |
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provide in its written consent to the inclusion of land in a |
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district that a district water facility that serves land developed |
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and subdivided into lots of less than one acre must meet the fire |
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flow requirements to which the city is subject. |
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(j) A city may supplement its written consent in settlement |
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of a water rate dispute with a district, and the terms of the |
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supplement remain in effect after expiration of the written consent |
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unless the city and the district agree otherwise. |
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SECTION 3. (a) Section 54.016(i), Water Code, as added by |
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this Act, applies only to a political subdivision that adds land on |
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or after the effective date of this Act. A political subdivision |
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that adds land before the effective date of this Act is governed by |
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the law in effect on the date the land was added, and the former law |
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is continued in effect for that purpose. |
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(b) Section 54.016(j), Water Code, as added by this Act, |
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applies to a supplement to a municipality's consent to the |
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inclusion of land in a district in effect on or after the effective |
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date of this Act. |
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SECTION 4. 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. 3378 was passed by the House on May |
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10, 2007, by the following vote: Yeas 138, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3378 on May 25, 2007, by the following vote: Yeas 136, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3378 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 30, Nays |
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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 |