By Krusee H.B. No. 320
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ability of municipalities to provide water or
1-3 wastewater service to a residence to preserve the quality of an
1-4 aquifer the municipality uses as a water source.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter Z, Chapter 402, Local Government Code,
1-7 is amended by adding Section 402.906 to read as follows:
1-8 Sec. 402.906. CONSTRUCTION OF WATER OR WASTEWATER
1-9 IMPROVEMENTS TO PRESERVE WATER QUALITY OF AQUIFER. (a) This
1-10 section applies only to territory located in a municipality or in
1-11 the extraterritorial jurisdiction of a municipality and located
1-12 over the recharge zone of an aquifer that provides all or part of
1-13 the water supply of the municipality.
1-14 (b) To preserve the quality of the aquifer, the
1-15 municipality or a person with whom the municipality contracts may:
1-16 (1) construct a sanitation sewer lateral or water
1-17 lateral that serves a residential structure on private property to
1-18 connect the lateral to a new, renovated, or rebuilt sanitation main
1-19 or water main constructed by or for the municipality; and
1-20 (2) take any action necessary to remedy aquifer
1-21 pollution problems caused by septic tanks or septic systems located
1-22 on the property, including filling in the tank or system or
1-23 removing the tank or system.
1-24 (c) The municipality shall assess the cost of the water or
2-1 wastewater improvements under Subsection (b)(1) or Subsections
2-2 (b)(1) and (b)(2), as applicable, against the property on which
2-3 the lateral is located. A lien attaches to the property for the
2-4 cost of the improvements.
2-5 (d) Before a municipality acts under Subsection (b), the
2-6 municipality must give notice to the property owner and obtain the
2-7 property owner's written consent to the activity to be performed
2-8 and to the amount of the assessment.
2-9 (e) The notice provided under Subsection (d) must state the
2-10 estimated cost to the property owner of the improvements and state
2-11 that the cost may be increased by not more than 10 percent because
2-12 of changes without the written consent of the owner. The
2-13 municipality shall give the notice to the owner by personal
2-14 delivery or by depositing the notice in the United States mail with
2-15 postage prepaid.
2-16 (f) To be valid, the owner's written consent must:
2-17 (1) state that the person giving the consent is the
2-18 property owner or the authorized representative of the property
2-19 owner;
2-20 (2) state the owner's address; and
2-21 (3) state that:
2-22 (A) the consent is given freely;
2-23 (B) the owner understands that as a result of
2-24 the assessment a lien attaches to the property for the total cost
2-25 of the improvements;
2-26 (C) the municipality will not pay any part of
2-27 the cost of the improvements; and
3-1 (D) the owner will repay the cost to the
3-2 municipality on or before the fifth anniversary of the date the
3-3 municipality certifies the work is completed.
3-4 (g) The municipality shall file the written consent of the
3-5 property owner with the municipal clerk or secretary.
3-6 (h) If the municipality contracts with another person to
3-7 perform the work, the contract must be awarded in compliance with
3-8 the competitive bidding requirements applicable to the
3-9 municipality. The provisions of the contract must comply with any
3-10 law applicable to the construction of public improvements by the
3-11 municipality. The contract may be changed as necessary for the
3-12 successful completion of the work, but the contract price may not
3-13 be increased by more than 10 percent because of those changes
3-14 without the written consent of the owner as provided by Subsection
3-15 (e).
3-16 (i) When the work is completed, the municipality shall issue
3-17 a certificate certifying that the work has been completed and the
3-18 cost of the improvements. The municipality shall file the
3-19 certificate with the county clerk of the county in which the
3-20 property is located and shall deliver a copy of the certificate to
3-21 the property owner. The certificate must contain the legal
3-22 description of the land and name of the property owner. The lien
3-23 created pursuant to this section shall attach and arise when the
3-24 certificate is recorded in the real property records. The lien is
3-25 binding on subsequent grantees, lienholders, or other transferees
3-26 of an interest in the property who acquire such interest after the
3-27 recording of the certificate.
4-1 (j) The property owner, on or before the fifth anniversary
4-2 of the date of the issuance of the certificate, must pay the
4-3 municipality the amount that the completed work cost the
4-4 municipality as evidenced by the certificate, plus simple interest
4-5 in an amount not to exceed 10 percent a year as set by the
4-6 governing body of the municipality. On payment of the principal
4-7 amount and accrued interest, the municipality shall issue a release
4-8 of the assessment and lien. The release may be filed for record as
4-9 provided by law.
4-10 (k) If the property owner does not pay the assessment during
4-11 the five-year period, the municipality may enforce the lien on the
4-12 property in the same manner in which it is authorized by law to
4-13 enforce the lien for a paving or other assessment.
4-14 SECTION 2. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.