By: Brown S.B. No. 262
99S0157/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the reimbursement of landowners or developers prior to
1-2 annexation of a water-related special district.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 43.0715, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 43.0715. Annexation of Water-Related Special District:
1-7 Reimbursement of Landowner or Developer; Continuation of District
1-8 and Taxing Authority. (a) In this section:
1-9 (1) "Special[, "special] district" means a political
1-10 subdivision one purpose of which is to supply fresh water for
1-11 domestic or commercial use or to furnish sanitary sewer services or
1-12 drainage.
1-13 (2) "Delinquent sum" means the sum a municipality has
1-14 failed to timely pay to a landowner or developer under Subsection
1-15 (b).
1-16 (b) If a municipality with a population of less than 1.5
1-17 million annexes a special district for full or limited purposes and
1-18 the annexation precludes or impairs the ability of the district to
1-19 issue bonds, the municipality shall, prior to [simultaneously with]
1-20 the annexation, pay in cash to the landowner or developer of the
1-21 district a sum equal to all actual costs and expenses incurred by
1-22 the landowner or developer in connection with the district that the
1-23 district has, in writing, agreed to pay and that would otherwise
1-24 have been eligible for reimbursement from bond proceeds under the
2-1 rules and requirements of the Texas Natural Resource Conservation
2-2 Commission as such rules and requirements exist on the date of
2-3 annexation.
2-4 (c) A delinquent sum incurs a penalty of six percent of the
2-5 amount of the sum for the first calendar month it is delinquent
2-6 plus one percent for each additional month or portion of a month
2-7 the sum remains unpaid. A sum that is delinquent for more than six
2-8 calendar months incurs a total penalty of 12 percent of the amount
2-9 of the delinquent sum without regard to the number of months the
2-10 sum has been delinquent. In addition to the penalty, a delinquent
2-11 sum accrues interest at a rate of one percent for each month or
2-12 portion of a month the sum remains delinquent.
2-13 SECTION 2. The changes in law made by this Act in amending
2-14 Subsection (a) and adding Subsection (c), Section 43.0715, Local
2-15 Government Code, apply to any sum that is delinquent on the
2-16 effective date of this Act.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended,
2-22 and that this Act take effect and be in force from and after its
2-23 passage, and it is so enacted.