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.