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.