By Giddings                                     H.B. No. 2946

      75R7355 JMC-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the establishment or extension of a municipal water

 1-3     system in certain water districts.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter L, Chapter 49, Water Code, is amended

 1-6     by adding Section 49.352 to read as follows:

 1-7           Sec. 49.352.  MUNICIPAL SYSTEM IN UNSERVED AREA.  (a)  This

 1-8     section applies only to a home-rule municipality that:

 1-9                 (1)  is located in a county with a population of more

1-10     than 1.75 million that is adjacent to a county with a population of

1-11     more than 1 million; and

1-12                 (2)  has within its boundaries a part of a district.

1-13           (b)  If a district does not establish a fire department under

1-14     this subchapter, a municipality that contains a part of the

1-15     district inside its boundaries may by ordinance or resolution

1-16     require that a water system be constructed or extended in the area

1-17     that is in both the municipality and the district for the delivery

1-18     of potable water or sewer service that is sufficient to support the

1-19     placement of fire hydrants and the connection system to fire

1-20     suppression equipment.  Notwithstanding any provision of this code,

1-21     the municipality may require persons located in the area that is in

1-22     both the municipality and the district or persons in an adjacent

1-23     area to connect to the municipal water system to obtain water or

1-24     sewer service.

 2-1           (c)  After a municipality acts under Subsection (b), the

 2-2     district shall relinquish authority over and delivery of water or

 2-3     sewer services to persons who are connected to the municipal water

 2-4     system under that subsection.

 2-5           (d)  The municipality shall give notice of its election to

 2-6     act under this section to the commission.  After completion and

 2-7     extension of the water system and after notice is given to the

 2-8     commission, that water system shall be certified as a water system

 2-9     under this code.

2-10           (e)  The  municipality may charge necessary service fees for

2-11     connection to water or sewer service or any other assessments that

2-12     are required by the municipality for connection to the municipal

2-13     water system.

2-14           SECTION 2.  This Act takes effect September 1, 1997.

2-15           SECTION 3.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.