By Madden H.B. No. 2648
76R9053 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of water districts or political
1-3 subdivisions and the annexation of land by a water district or
1-4 political subdivision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 49, Water Code, is amended
1-7 by adding Section 49.012 to read as follows:
1-8 Sec. 49.012. CONSENT OF CITY Notwithstanding any other
1-9 provision provided by law, no land within the corporate limits of a
1-10 city shall be included in a district without the written consent,
1-11 by ordinance or resolution, of the city. The provisions of this
1-12 section shall apply whether the land is proposed to be included in
1-13 the district at the time of creation of a district or to be
1-14 included by annexation to a district.
1-15 SECTION 2. Section 49.301(a), Water Code, is amended to read
1-16 as follows:
1-17 (a) In addition to any other provision provided by law, the
1-18 owner or owners of land whether or not contiguous to the district
1-19 or otherwise may file with the board a petition requesting that
1-20 there be included in the district the land described in the
1-21 petition by metes and bounds or by lot and block number if there is
1-22 a recorded plat of the area to be included in the district. The
1-23 petition may request the district to condition the annexation on
1-24 certain conditions, including the voter authorization of bonds to
2-1 serve the area to be annexed. No land within the corporate limits
2-2 of a city shall be annexed by a district unless the city grants its
2-3 written consent, by resolution or ordinance, to the inclusion of
2-4 the land within the district. No land within the extraterritorial
2-5 jurisdiction of a city shall be annexed by a district except in
2-6 accordance with Section 42.042, Local Government Code.
2-7 SECTION 3. Section 49.302(a), Water Code, is amended to read
2-8 as follows:
2-9 (a) In addition to the method of adding land to a district
2-10 described in Section 49.301, defined areas of land, whether or not
2-11 they are contiguous to the district, may be annexed to the district
2-12 in the manner set forth in this section. No land within the
2-13 corporate limits of a city shall be annexed by a district unless
2-14 the city grants its written consent, by resolution or ordinance, to
2-15 the inclusion of the land within the district. No land within the
2-16 extraterritorial jurisdiction of a city shall be annexed by a
2-17 district except in accordance with Section 42.042, Local Government
2-18 Code.
2-19 SECTION 4. Sections 42.042(a), (b), (c), (d), and (f), Local
2-20 Government Code, are amended to read as follows:
2-21 (a) A political subdivision, one purpose of which is to
2-22 supply fresh water for domestic or commercial use or to furnish
2-23 sanitary sewer services, roadways, or drainage, may not be created
2-24 in the extraterritorial jurisdiction of a municipality unless the
2-25 governing body of the municipality gives its written consent by
2-26 ordinance or resolution in accordance with this subsection and the
2-27 Water Code. In giving its consent, the municipality may not place
3-1 any conditions or other restrictions on the creation of the
3-2 political subdivision other than those expressly permitted by
3-3 Section 54.016(e), Water Code. The provisions of this section
3-4 shall apply whether the land is proposed to be included in the
3-5 political subdivision at the time of creation of the political
3-6 subdivision or to be included by annexation to a political
3-7 subdivision; provided, however, this section shall not apply to an
3-8 annexation by a political subdivision that is lawfully within the
3-9 extraterritorial jurisdiction of the municipality as of January 1,
3-10 1999.
3-11 (b) If the governing body fails or refuses to give its
3-12 consent for the creation of the political subdivision or the
3-13 inclusion of the land in a political subdivision on mutually
3-14 agreeable terms within 90 days after the date it receives a written
3-15 request for the consent, a majority of the qualified voters of the
3-16 area of the proposed political subdivision and the owners of at
3-17 least 50 percent of the land in the proposed political subdivision
3-18 may petition the governing body to make available to the area the
3-19 water, sanitary sewer services, or both that would be provided by
3-20 the political subdivision.
3-21 (c) If, within 120 days after the date the governing body
3-22 receives the petition, the governing body fails to make a contract
3-23 with a majority of the qualified voters of the area of the proposed
3-24 political subdivision and the owners of at least 50 percent of the
3-25 land in the proposed political subdivision to provide the services,
3-26 that failure constitutes the governing body's consent to the
3-27 creation of the proposed political subdivision or the inclusion of
4-1 the land in a political subdivision.
4-2 (d) The consent to the creation of the political subdivision
4-3 or the inclusion of the land in a political subdivision is only an
4-4 authorization to initiate proceedings to create the political
4-5 subdivision or include land in a political subdivision as provided
4-6 by law.
4-7 (f) If the municipality fails or refuses to give its consent
4-8 to the creation of the political subdivision or the inclusion of
4-9 the land in a political subdivision or fails or refuses to execute
4-10 a contract providing for the water or sanitary sewer services
4-11 requested within the time limits prescribed by this section, the
4-12 applicant may petition the Texas Natural Resource Conservation
4-13 Commission for the creation of the political subdivision or the
4-14 inclusion of the land in a political subdivision. The commission
4-15 shall allow creation of the political subdivision or inclusion of
4-16 the land in a [proposed] political subdivision on finding that the
4-17 municipality either does not have the reasonable ability to serve
4-18 or has failed to make a legally binding commitment with sufficient
4-19 funds available to provide water and wastewater service adequate to
4-20 serve the proposed development at a reasonable cost to the
4-21 landowner. The commitment must provide that construction of the
4-22 facilities necessary to serve the land will begin within two years
4-23 and will be substantially completed within 4 1/2 years after the
4-24 date the petition was filed with the municipality.
4-25 SECTION 5. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.