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TEXAS MUNICIPAL LEAGUE
LEGISLATIVE SERVICES DEPARTMENT
1821 RUTHERFORD LANE, SUITE 400
-*=~ ---' AUSTIN; TEX~S ='-' 78754-5'128
Telephone # (512) 719-6300
FAX # (512) 719-6390
DATE:
TO:
FROM:
NUMBER OF SHEETS
(INCLUDING COVER)
COMMENTS:_
IF THERE IS ANY DIFFICULTY RECEIVING THIS TRANSMISSION,
PLEASE CALL CAROL HARRIS AT (5t2) 719-6300.
'~11 Number: TX?4RHB 3038
MOUSE COMMITTEE SUBSTITUTE
Date: 5/ 2/95
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A BILL TO BE ENTITLED
AN ACT
relating to municipal ordinances concerning the operation o£ a
drainage utility system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.045, Local Government Code, is
amended by amending Subsection (e) and by adding Subsection (f),
(g), (h), (i), and (j) to read as follows:
(e) The municipality by ordinance may adopt and enforce
rules as it considers appropriate to operate the drainage utility
system. Provided, however, thati
{1) the prohibitions contained in Section 212.003(a)
of the Local ~overnment Code relating to quasi-zoning and other
land use regulations in the extraterritorial jurisdiction of a
municipality shall apply to any rule or ordinance adopted or
enacted by the municipality under this Act, except that rates may
be established using impervious cover measurements relating to land
use and building size; and
(2) the rule or ordi-*nce adopted shall include a
written priority system for the use of funds ~enerated by a
drainage utility fee adopted ~nder this subchapter~
(f) A priority system established under Subsection (e) (23_
must require that funds generated by a drainage utility fee adopted
under this subchapter that are in excess of the amount of funds
necessary to comply with federal or state rules relating to 1
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.d~ainage .Systems be spent on drainage utility projects located in
or benefiting an economically dSstressed areas of the municipality.
(_~) A municipality shall maintain a priority system under
Subsection (f) until the governing body of the municipality
determines that all eligible projects in the economically
~istressed areas of the municipality have been funded or completed.
(h) In this section, ,,economically distressed area" means an
area in which:
(1) the average per capita income of the area for t , ~!,_
~ost recent three consecutive years for which statistics are
available was 20 percent lower than the municipality's average Der
capita income for the.same period; and
(2) the average unemployment rate of the area for the 9,%
most recent three years for which statistics are available was 2q ~'
percent higher than the municipality's average unemployment rate
for the same period. ~Y~ '
(i) Before a municipality adopts a priority system under
Subsection {f)~ the m,~mtcipality must conduct a comprehensive
~eview of drainage utility projects needed in the municipality.
~he municipality may pay for the comprehensive review with funds
generated by a drainage utility fee under this subchapter.
Jj) This section does not limit the funding powers of a
drainage utility system located in a municipality.with a population
of 900~000 or more that has an aquifer that has been desiCrnated by
a federal agency as a sole source aquifer? ~'
SECTION 2. This Act takes effect September 1, 1995.
SECTION 3. The importance of this legislation and the
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crowded condition of the calendars in both houses
emergency and an imperative public necessity that
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create an
the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and that this rule is hereby
5 suspended.