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.