74R9600 DWS-F By Saunders H.B. No. 2757 Substitute the following for H.B. No. 2757: By Saunders C.S.H.B. No. 2757 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the provision of water and wastewater services by 1-3 certain cities in an annexed area. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter G, Chapter 13, Water Code, is amended 1-6 by adding Section 13.256 to read as follows: 1-7 Sec. 13.256. EXTENSION OF SERVICE TO ANNEXED AREA. (a) 1-8 This section applies only to a home-rule municipality that has 1-9 disannexed territory that was annexed for limited purposes and has 1-10 a municipally owned water and wastewater utility system. 1-11 (b) A municipality, in addition to complying with Subchapter 1-12 C, Chapter 43, Local Government Code, shall provide to an annexed 1-13 area immediately on and after the effective date of annexation 1-14 water and wastewater service lines installed by the municipality 1-15 immediately adjacent to the perimeter of each tract within the 1-16 annexed area. Those lines and the water and wastewater systems of 1-17 which they are a part must have sufficient capacity to meet the 1-18 contemplated service needs of each tract within the area. 1-19 (c) The municipality may provide the services required under 1-20 this section by any method by which it extends services to any 1-21 other area of the municipality. 1-22 (d) The municipality, with respect to an annexed area, may 1-23 not: 2-1 (1) require a landowner in the area to pay for the 2-2 capital improvements necessary to provide water or wastewater 2-3 services in a manner inconsistent with Chapter 395, Local 2-4 Government Code, unless otherwise agreed to by the landowner; 2-5 (2) provide lower levels of water or wastewater 2-6 services in the area than were provided in the area immediately 2-7 preceding the effective date of the annexation; or 2-8 (3) provide lower levels of water or wastewater 2-9 services in the area than are provided in other parts of the 2-10 municipality with land uses and population densities that are: 2-11 (A) similar to the land uses and population 2-12 densities existing in the area; or 2-13 (B) similar to the land uses and population 2-14 densities reasonably contemplated or projected in the area. 2-15 (e) Any resident of an area annexed after the effective date 2-16 of this section may enforce this section in relation to that area 2-17 through mandamus. In a mandamus action, the municipality has the 2-18 burden of proving that it has complied with this section. The 2-19 costs and attorney's fees of any successful action for mandamus to 2-20 enforce this section shall be assessed against the municipality, 2-21 which shall also refund any fees, charges, or other impositions, 2-22 not including property taxes, paid by a party to the mandamus 2-23 action from the date the person was annexed to the date the 2-24 municipality complies with this section. 2-25 SECTION 2. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended, 3-5 and that this Act take effect and be in force from and after its 3-6 passage, and it is so enacted.