By Krusee H.B. No. 320 75R510 DRH-D 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. 3-22 (j) The property owner, on or before the fifth anniversary 3-23 of the date of the issuance of the certificate, must pay the 3-24 municipality the amount that the completed work cost the 3-25 municipality as evidenced by the certificate, plus simple interest 3-26 in an amount not to exceed 10 percent a year as set by the 3-27 governing body of the municipality. On payment of the principal 4-1 amount and accrued interest, the municipality shall issue a release 4-2 of the assessment and lien. The release may be filed for record as 4-3 provided by law. 4-4 (k) If the property owner does not pay the assessment during 4-5 the five-year period, the municipality may enforce the lien on the 4-6 property in the same manner in which it is authorized by law to 4-7 enforce the lien for a paving or other assessment. 4-8 SECTION 2. The importance of this legislation and the 4-9 crowded condition of the calendars in both houses create an 4-10 emergency and an imperative public necessity that the 4-11 constitutional rule requiring bills to be read on three several 4-12 days in each house be suspended, and this rule is hereby suspended, 4-13 and that this Act take effect and be in force from and after its 4-14 passage, and it is so enacted.