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.