HBA-AMW H.B. 666 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 666
By: Bailey
Land & Resource Management
7/20/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, municipalities in counties with a population
of 2.8 million or more  regulated the size, type, and method of
construction of water and wastewater facilities in their extraterritorial
jurisdictions.  The standards imposed by these municipalities often
prevented a developer or a county from using the most economical means to
provide sewer and water service and could have resulted in the reluctance
of a developer or a county to install replacement systems leading to
potential environmental and public health risks for residents of the
developed tract and for downstream locations.   House Bill 666 prohibits a
municipality that is located in a county with a population of 2.8 million
or more from regulating the size, type, or method of construction of a
water or wastewater facility in its extraterritorial jurisdiction under
certain conditions. 

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. 

ANALYSIS

House Bill 666 amends the Local Government Code to prohibit a municipality
that is located in a county with a population of 2.8 million or more from
regulating the size, type, or method of construction of a water or
wastewater facility in its extraterritorial jurisdiction.  The bill exempts
from municipal regulation a facility that meets the minimum standards
established for water or wastewater facilities by state and federal
regulatory entities and that can be constructed to serve a developed tract
of land that is served by on-site septic systems constructed before
September 1, 2001, that fail to provided adequate services or by on-site
water wells constructed before September 1, 2001, that fail to provide an
adequate supply of safe drinking water.   

These provisions apply to water and wastewater facilities under
construction on the effective date of this bill. 

EFFECTIVE DATE

September 1, 2001.