By Bailey H.B. No. 2714
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duty of a municipality with a population greater
1-3 than 1.5 million to provide water and sewer services to annexed
1-4 areas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection 5.235, Water Code, is amended by
1-7 amending Subsection (n)(7)(C) to read as follows:
1-8 (C) The commission shall assess a penalty
1-9 against a municipality with a population of more than 1.5 million
1-10 that does not provide municipal water and sewer services in an
1-11 annexed area <on or before 4 1/2 years after the annexation takes
1-12 effect in accordance with Section 43.056, Local Government Code> as
1-13 provided in Subsection 43.056(1), Local Government Code. A penalty
1-14 assessed under this paragraph shall be not more than $1,000 for
1-15 each day the services are not provided after March 1, 1998 for
1-16 areas annexed prior to January 1, 1993, or 4 1/2 years after the
1-17 effective date of the annexation for areas annexed on or after
1-18 January 1, 1993 <4 1/2 years after the annexation>. A penalty
1-19 collected under this paragraph shall be deposited into a special
1-20 fund in the state treasury to be used to provide water and sewer
1-21 services to residents of the <city> municipality.
1-22 SECTION 2. Section 43.056, Local Government Code, is amended
1-23 by adding subsection (1) to read as follows:
2-1 (1) A municipality with a population in excess of 1.5
2-2 million that includes within its boundaries annexed areas without
2-3 water service, sewer service, or both shall:
2-4 (1) Develop a service plan that identifies developed
2-5 tracts in annexed areas of the municipality that did not have water
2-6 service, sewer service, or both, and that provides a procedure for
2-7 providing water service, sewer service, or both, to such developed
2-8 tracts. For areas annexed by the municipality on or after January
2-9 1, 1993, the service plan is subject to all of the requirements of
2-10 this Section, including this Subsection (1). The plan:
2-11 (A) must establish, within 4 1/2 years, a
2-12 timetable for providing service based on a priority system that
2-13 considers potential health hazard, population density, number of
2-14 existing buildings, reasonable cost of providing service and the
2-15 desires of the residents;
2-16 (B) must include a capital improvements plan
2-17 committing the necessary financing;
2-18 (C) may include a provision in which the
2-19 municipality is not obligated to provide water service, sewer
2-20 service, or both, in an area described in the service plan if a
2-21 majority of the residents in such area sign a petition stating they
2-22 do not want to receive the services; and
2-23 (D) may require property owners to connect to
2-24 service lines constructed to serve their area.
2-25 (2) Provide water service, sewer service, or both to
3-1 at least 75% of the residential buildings in annexed areas of the
3-2 municipality that did not have water service, sewer service, or
3-3 both, on September 1, 1991, with the following exception: water
3-4 service shall be provided to each area annexed prior to January 1,
3-5 1993, if such area or subdivision as described in the service plan
3-6 contains at least 25 residences without water service unless a
3-7 majority of the residence owners in such area state in a petition
3-8 that they do not want municipal water service.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendar in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and the rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.