By Turner of Coleman H.B. No. 997 76R2800 CAG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the provision of services to certain areas by a 1-3 municipality. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 43.056, Local Government Code, is amended 1-6 by amending Subsections (a), (c), (e), and (k) to read as follows: 1-7 (a) Before the publication of the notice of the first 1-8 hearing required under Section 43.052, the governing body of the 1-9 municipality proposing the annexation shall direct its planning 1-10 department or other appropriate municipal department to prepare a 1-11 service plan that provides for the extension of full municipal 1-12 services to the area to be annexed. The municipality shall provide 1-13 the services by any of the methods by which it extends the services 1-14 to any other area of the municipality. A municipality may not 1-15 require a landowner in the area to fund the capital improvements 1-16 necessary to provide municipal services in a manner inconsistent 1-17 with Chapter 395, unless otherwise agreed to by the landowner. 1-18 (c) For purposes of this section, "full municipal services" 1-19 means services funded in whole or in part by municipal taxation or 1-20 utility revenues and provided by the annexing municipality within 1-21 its full-purpose boundaries. A municipality with a population of 1-22 1.5 million or more may provide all or part of the municipal 1-23 services required under the service plan by contracting with 1-24 service providers. If the municipality owns a water and wastewater 2-1 utility, the municipality shall, subject to this section, extend 2-2 water and wastewater service to any annexed area not within the 2-3 service area of another water or wastewater utility. If the 2-4 municipality annexes territory included within the boundaries of a 2-5 municipal utility district or a water control and improvement 2-6 district, the municipality shall comply with applicable state law 2-7 relating to annexation of territory within a municipal utility 2-8 district or a water control and improvement district. The service 2-9 plan shall summarize the service extension policies of the 2-10 municipal water and wastewater utility. 2-11 (e) A service plan may not: 2-12 (1) require the creation of another political 2-13 subdivision; 2-14 (2) require a landowner in the area to fund the 2-15 capital improvements necessary to provide municipal services, 2-16 including water or wastewater service, in a manner inconsistent 2-17 with Chapter 395 unless otherwise agreed to by the landowner; or 2-18 (3) provide fewer services or lower levels of services 2-19 in the area: 2-20 (A) than were in existence in the area 2-21 immediately preceding the date of the annexation; or 2-22 (B) than are otherwise available in any other 2-23 parts of the municipality with land uses and population densities 2-24 similar to those reasonably contemplated or projected in the area. 2-25 (k) This section does not require that a uniform level of 2-26 full municipal services be provided to each area of the 2-27 municipality if different characteristics of topography, land use, 3-1 and population density are reasonably considered a sufficient basis 3-2 for providing different levels of service. A municipality may not 3-3 refuse to provide water or wastewater service to any property in 3-4 an annexed area if the municipality provides the service to other 3-5 parts of the municipality. 3-6 SECTION 2. This Act applies to a municipal annexation for 3-7 which any public hearing required under Chapter 43, Local 3-8 Government Code, is held after the effective date of this Act. 3-9 SECTION 3. This Act does not diminish or impair the rights 3-10 or remedies of any person or entity under a final judgment rendered 3-11 by, or in any pending litigation brought in, any court relating to 3-12 an interpretation of the provisions of Section 43.056, Local 3-13 Government Code. 3-14 SECTION 4. The importance of this legislation and the 3-15 crowded condition of the calendars in both houses create an 3-16 emergency and an imperative public necessity that the 3-17 constitutional rule requiring bills to be read on three several 3-18 days in each house be suspended, and this rule is hereby suspended, 3-19 and that this Act take effect and be in force from and after its 3-20 passage, and it is so enacted.