HBA-NMO H.B. 1573 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1573 By: Bailey Natural Resources 4/12/1999 Introduced BACKGROUND AND PURPOSE Currently, water and sewer services may be needed in the unincorporated areas of Harris County. H.B. 1573 requires a county with a population of 2.8 million (currently applying only to Harris County) to implement a water and sewer service plan in the unincorporated areas of the county. Provides an administrative penalty for a county that fails to comply with this provision. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 412, Local Government Code, by adding Section 412.016, as follows: Sec. 412.016. WATER AND SEWER SERVICE FOR UNINCORPORATED AREA IN POPULOUS COUNTY. (a) Provides that this section applies only to the unincorporated area that is located in a county with a population of more than 2.8 million and in which a residential building without water or sewer service is located. (b) Requires the commissioners court of the county, by order, to adopt a service plan that identifies all residential buildings in the unincorporated area that do not have water or sewer service; establishes a procedure for providing water or sewer service to the buildings; prescribes a 10-year timetable for providing the water or sewer service using a reasonable priority system based on the certain enumerated factors; establishes a procedure for revising the service plan at regular intervals to reflect changes in the enumerated factors; and includes a capital improvements plan that commits the necessary financing. (c) Authorizes the service plan to require property owners to connect to service lines constructed to serve the area in which their property is located; and relieve the county from an obligation to provide water or sewer service to buildings in an area if a majority of residents in the area sign and submit a petition to the commissioners court stating they do not want to receive water or sewer service from the county. (d) Requires a county to provide water or sewer service as provided by the service plan on or before January 1, 2010, if the county has the population prescribed by Subsection (a) under the 1990 federal decennial census; or the 10th anniversary of the date on which the official data of the federal decennial census is made public by the United States Bureau of the Census showing that the county has the population prescribed by Subsection (a), if the county first acquires that population under a federal decennial census after the 1990 census. (e) Requires the Texas Natural Resource Conservation Commission (TNRCC) to impose an administrative penalty on a county of $1,000 for each day following the deadline provided by Subsection (d) that a county fails to comply with this section. Requires TNRCC to deposit the penalty to the credit of the water resource management account to be used to provide water or sewer service to residents of the county. Requires TNRCC to adopt procedures necessary to implement this subsection. SECTION 2. Requires a county that on the effective date of this Act is subject to Section 412.016, Local Government Code, to adopt a service plan as provided by that section on or before January 1, 2000. SECTION 3. Emergency clause. Effective date: upon passage.