By Leedom
S.B. No. 260
A BILL TO BE ENTITLED
AN ACT
relating to a municipal drainage utility system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.044, Local Government Code, is amended by amending
Subdivision (1) and adding Subdivisions (10) and (11) to read as follows:
(1) "Benefitted property" means:
(A) a lot or tract to which drainage service is made available under
this subchapter that is capable of receiving or that [and which] receives water, wastewater, or
electric utility service; or
(B) an improved lot or tract to which water, wastewater, or electric
utility service is made available by a public utility [from the municipality having jurisdiction to
adopt this subchapter and declare the drainage of the municipality to be a public utility].
(10) "Improved lot or tract" means a lot or tract that:
(A) has a structure or other improvement on it that causes an
impervious coverage of the soil under the structure or improvement; or
(B) is used for activities that may impact water quality.
(11) "Wholly sufficient and privately owned drainage system" means land
owned and operated by a person other than a municipal drainage utility system the drainage of
which does not discharge into a creek, river, slew, culvert, or other channel that is part of a
municipal drainage utility system.
SECTION 2. This Act takes effect September 1, 1995.
SECTION 3. The importance of this legislation and the crowded condition of the
calendars in both houses create an emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several days in each house be suspended,
and this rule is hereby suspended.