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.