Sec. 552.042. LEGISLATIVE FINDING  


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  • (a) The legislature finds that authority is needed to:

    (1) permit municipalities to establish a municipal drainage utility system within the established service area;

    (2) provide rules for the use, operation, and financing of the system;

    (3) protect the public health and safety in municipalities from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the boundaries of the established service area;

    (4) delegate to municipalities the power to declare, after a public hearing, a drainage system created under this subchapter to be a public utility;

    (5) prescribe bases on which a municipal drainage utility system may be funded and fees in support of the system may be assessed, levied, and collected;

    (6) provide exemptions of certain persons from this subchapter; and

    (7) prescribe other rules related to the subject of municipal drainage.

    (b) This subchapter is remedial.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1230, Sec. 1(b), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.042 by Acts 2007, 80th Leg., R.S., Ch. 885 , Sec. 3.76(a)(2), eff. April 1, 2009.