BILL ANALYSIS H.B. 1815 By: Dutton May 4, 1995 Committee Report (Unamended) BACKGROUND Under current state law, when municipalities annex certain surrounding areas, there are no time deadlines by which a municipality is required to provide certain essential services, such as water and sewer services, to the annexed areas. In Harris County, some areas that were annexed in the early 1960s still have not received these services. The annexing municipality, however, has policed these annexed areas by issuing fines for certain health and safety violations. These violations are often related to the use of the septic tanks and the lack of water and sewer lines. Hence, if a city expects to enforce its ordinances on the annexed areas, many citizens feel it should reciprocate by providing services to these areas within a reasonable time. PURPOSE HB 1815 intends to ensure that annexed areas are provided essential municipal services within a reasonable timeframe. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1 Amends Subchapter C, Chapter 43, Local Government Code by adding new Section 43.0566, titled Failure of Municipality to Provide Water or Sewer Services, as follows: Sec. 43.0566. (a) provides that any municipal ordinance or regulation will have no effect in an annexed area in which a municipality has failed to provide water and sewer services by the tenth anniversary of the annexation until such services are provided. (b) A municipality cannot discontinue any other municipal services to the annexed area due to the above Subsection (a) provision. SECTION 2 This Act applies only to an area for which the 10th anniversary of annexation occurs on or after the effective date of this Act. SECTION 3 Emergency clause. SUMMARY OF COMMITTEE ACTION H.B. 1815 was considered by the committee in a public hearing on April 4, 1995. The following persons testified in favor of the bill: Representative Harold Dutton; Thomas Phillips, representing himself; Willa Phillips, representing herself; and Samantha Truscott, representing herself. The following persons testified against the bill: Sabrina Foster, representing the City of Houston. The bill was referred to the subcommittee on regulation. After being recalled from subcommittee, the bill was considered by the committee in a public hearing on May 2, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.