| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to annexation by certain municipalities of a special |
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| 10 | 8 | | district under a strategic partnership agreement. |
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| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 10 | | SECTION 1. Section 43.0751(s), Local Government Code, is |
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| 13 | 11 | | amended to read as follows: |
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| 14 | 12 | | (s) Notwithstanding any other law other than Section |
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| 15 | 13 | | 43.083, the procedures prescribed by Subchapters C-3, C-4, and C-5 |
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| 16 | 14 | | do not apply to the annexation of an area under this section. |
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| 17 | 15 | | Except as provided by Subsection (h), a municipality shall follow |
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| 18 | 16 | | the procedures established under the strategic partnership |
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| 19 | 17 | | agreement for full-purpose annexation of an area under this |
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| 20 | 18 | | section. |
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| 21 | 19 | | SECTION 2. Subchapter D, Chapter 43, Local Government Code, |
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| 22 | 20 | | is amended by adding Section 43.083 to read as follows: |
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| 23 | 21 | | Sec. 43.083. ANNEXATION BY CERTAIN MUNICIPALITIES THAT |
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| 24 | 22 | | OPERATE MUNICIPALLY OWNED WATER UTILITY. (a) This section applies |
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| 25 | | - | only to a municipality that: |
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| 26 | | - | (1) operates a municipally owned water utility; and |
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| 27 | | - | (2) is a party to a strategic partnership agreement: |
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| 28 | | - | (A) with a municipal utility district; and |
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| 29 | | - | (B) under which the municipality contemplates |
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| 30 | | - | annexing 400 or more water or wastewater connections that are not |
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| 31 | | - | located in the district. |
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| 32 | | - | (b) A municipality authorized or required to annex a |
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| 33 | | - | district for full purposes under a strategic partnership agreement |
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| 34 | | - | under Section 43.0751 must receive approval for the annexation as |
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| 35 | | - | required by Subchapter C-3, C-4, or C-5, as applicable, before |
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| 36 | | - | annexation. |
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| 23 | + | only to a municipality that operates a municipally owned water |
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| 24 | + | utility and uses revenue from the utility partly for general |
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| 25 | + | municipal purposes or other purposes not related to the water |
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| 26 | + | utility. |
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| 27 | + | (b) A municipality annexing a district for full purposes |
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| 28 | + | under a strategic partnership agreement under Section 43.0751 must: |
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| 29 | + | (1) comply with Subchapter C-3, C-4, or C-5, as |
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| 30 | + | applicable; and |
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| 31 | + | (2) annex the district and all of the unincorporated |
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| 32 | + | area served by the district that is located in the municipality's |
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| 33 | + | extraterritorial jurisdiction. |
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