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.