By Saunders                                           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.  (a)  This section applies only to a home-rule
    1-8  municipality that on the effective date of this Act has a charter
    1-9  provision allowing annexation for limited purposes, has disannexed
   1-10  territory that was annexed for limited purposes, and has a
   1-11  municipally-owned water and wastewater utility system.
   1-12        (b)  A municipality shall, in addition to complying with the
   1-13  requirements of Subchapter C, Chapter 43, Local Government Code,
   1-14  provide water and wastewater services to an annexed area
   1-15  immediately upon and after the effective date of the annexation,.
   1-16  For purposes of this section, "water and wastewater services" means
   1-17  water and wastewater service lines that are installed by the
   1-18  municipality immediately adjacent to the perimeter of the tract or
   1-19  tracts within the annexed area; provided, further, that such lines,
   1-20  and the water and wastewater systems of which they are a part,
   1-21  shall have sufficient capacity to meet the contemplated service
   1-22  needs of the tract or tracts within the area.
   1-23        (c)  The municipality shall provide the services required
    2-1  under this section by any of the methods by which it extends
    2-2  services to any other area of the municipality.
    2-3        (d)  The municipality may not do any of the following with
    2-4  respect to an annexed area:
    2-5              (1)  require a landowner in the area to fund the
    2-6  capital improvements necessary to provide water or wastewater
    2-7  services in a manner inconsistent with Chapter 395, Local
    2-8  Government Code, unless otherwise agreed to by the landowner;
    2-9              (2)  provide lower levels of water or wastewater
   2-10  services in the area than were in existence in the area immediately
   2-11  preceding the effective date of the annexation; or
   2-12              (3)  provide lower levels of water or wastewater
   2-13  services in the area than are other wise available in other parts
   2-14  of the municipality with land uses and population densities that
   2-15  are (i) similar to the land uses and population densities existing
   2-16  in the area or (ii) similar to the land uses and population
   2-17  densities reasonably contemplated or projected in the area.
   2-18        (e)  The provisions of this section are enforceable through
   2-19  mandamus by any resident of an area annexed after the effective
   2-20  date of this Act.  In a mandamus action, the municipality shall
   2-21  have the burden of proving that it has complied with the
   2-22  requirements of this section.  The costs and attorney fees of any
   2-23  successful action for mandamus to enforce the provisions of this
   2-24  section shall be assessed against the municipality, which shall
   2-25  also refund any taxes paid by a party to the mandamus action on
    3-1  property that was a subject of the action.
    3-2        SECTION 2.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency and an imperative public necessity that the
    3-5  constitutional rule requiring bills to be read on three separate
    3-6  days in each house be suspended, and this rule is hereby suspended,
    3-7  and that this Act take effect and be in force from and after its
    3-8  passage, and it is so enacted.