CPC C.S.H.B. 2946 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT C.S.H.B. 2946 By: Giddings 4-30-97 Committee Report (Substituted) BACKGROUND In 1986 the City of Lancaster annexed an area located in its ETJ and the Ellis County boundary that receives water utility service from a private water corporation. This water corporation has statutory rights that allow it to provide water service in our territorial jurisdiction without providing adequate water lines for fire protection. The City of Lancaster wants to insure that its citizens are protected in case of fire. The city feels the only way to achieve this protection is by the installation of fire hydrants and eight inch water lines. PURPOSE CSHB 2946 allows the City of Lancaster to provide water service in its territorial jurisdiction to enhance the City's ability to provide fire protection in its territorial jurisdiction. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter L, Chapter 49, Water Code, by adding Section 49.352 as follows: Sec. 49.352. MUNICIPAL SYSTEM IN UNSERVED AREA. (a) Prescribes this section applicable only to a home-rule municipality that is located in a county with a population of more than 1.75 million that is adjacent to a county with a population of more than 1 million; and has within its boundaries a part of a district. (b) States that if a district does not establish a fire department under this subchapter, a municipality that contains a part of the district inside its boundaries may by ordinance or resolution provide that a water system be constructed or extended into the area that is in both the municipality and the district for the delivery of potable water that is sufficient to support the placement of fire hydrants and the connection of the water system to fire suppression equipment. (c) States that for the purpose of this section, a municipality may obtain single certification in the manner provided by Section 13.255, Water Code, except that the municipality may file an application with the commission to grant single certification immediately after the municipality provides notice of intent to provide service as required by Sec. 13. 255(b), Water Code. SECTION 2. Effective September 1, 1997. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 2946 deletes notwithstanding any provision of this code, the municipality may require persons located in the area that is in both the municipality and the district or persons in an adjacent area to connect to the municipal water system to obtain water or sewer service. The original legislation contained this provision. CSHB 2946 states that for the purpose of this section, a municipality may obtain single certification in the manner provided by Section 13.255, Water Code, except that the municipality may file an application with the commission to grant single certification immediately after the municipality provides notice of intent to provide service as required by Sec. 13.255(b), Water Code. The original legislation contained a different provision in this subsection. CSHB 2946 deletes Section 49.352(d) and (e), Chapter 49, Water Code, which were contained in the original legislation.