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.