By Wise                                               H.B. No. 2768
         77R6397 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to public and private responsibility for providing sewage
 1-3     drainage and water supply services to colonias.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle C, Title 7, Local Government Code, is
 1-6     amended by adding Chapter 246 to read as follows:
 1-7                CHAPTER 246.  RESPONSIBILITY FOR PROVISION OF
 1-8            SEWAGE DRAINAGE AND WATER SUPPLY SERVICES TO COLONIAS
 1-9           Sec. 246.001.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Adequate sewage drainage system" means a sewage
1-11     drainage system that complies with state, federal, and local
1-12     standards.
1-13                 (2)  "Adequate water supply system" means a water
1-14     supply system that complies with state, federal, and local
1-15     standards.
1-16                 (3)  "Colonia" has the meaning assigned by Section
1-17     775.001, Government Code.
1-18                 (4)  "Cost" means any money spent for installation,
1-19     control, or maintenance of an adequate sewage drainage system or
1-20     water supply system to provide sewage drainage or water supply
1-21     service to a colonia.
1-22           Sec. 246.002.  MUNICIPAL AND COUNTY RESPONSIBILITY FOR
1-23     PROVISION OF SERVICES.  (a)  A colonia that does not have an
1-24     adequate sewage drainage system or adequate water supply system
 2-1     must provide notice of that condition to the municipality located
 2-2     nearest to the colonia.
 2-3           (b)  On notice provided under Subsection (a), the
 2-4     municipality shall promptly determine whether to provide the
 2-5     colonia with an adequate sewage drainage system or adequate water
 2-6     supply system, as applicable.
 2-7           (c)  If the municipality determines not to provide the
 2-8     colonia with a system described by Subsection (b), a county in
 2-9     which the colonia is primarily located shall provide the necessary
2-10     system and the necessary service for the six-month period
2-11     immediately after the date that the municipality makes the
2-12     determination.  The municipality shall pay the county an amount
2-13     equal to 50 percent of the cost of implementing the system and
2-14     providing the service during the six-month period.
2-15           (d)  On the expiration of the six-month period described by
2-16     Subsection (c), the municipality may assume control of the
2-17     colonia's sewage drainage or water supply, as applicable.  If the
2-18     municipality assumes control, the municipality shall reimburse the
2-19     county for any previous cost incurred by the county in connection
2-20     with the implementation of a system and the provision of a service
2-21     under this chapter.  If the municipality does not assume control,
2-22     the county is solely responsible for the cost of providing service
2-23     after the six-month period, but the county may retain the money
2-24     paid by the municipality for implementing the system and operating
2-25     the system during the six-month period.
2-26           Sec. 246.003.  PROPERTIES DEVELOPED WITHIN ONE MILE OF
2-27     MUNICIPALITY.  (a)  This section applies only to real property
 3-1     consisting of more than seven acres that is located completely or
 3-2     partially within:
 3-3                 (1)  one mile of at least one municipality; and
 3-4                 (2)  a county any part of which is located within 50
 3-5     miles of an international border.
 3-6           (b)  To subdivide real property into more than three parcels,
 3-7     an owner must:
 3-8                 (1)  apply to the nearest municipality for the
 3-9     provision of sewage drainage and water supply services to the real
3-10     property;
3-11                 (2)  ensure that an adequate sewage drainage system and
3-12     an adequate water supply system is provided for each parcel
3-13     proposed for subdivision; and
3-14                 (3)  contribute to the municipality 50 percent of the
3-15     municipality's costs for the installation of the systems and the
3-16     provision of the services to the parcels.
3-17           (c)  On application by the owner of real property under
3-18     Subsection (b), the municipality shall provide an adequate sewage
3-19     drainage system and an adequate water supply system to the
3-20     specified parcels.
3-21           (d)  The municipality is responsible for the remaining cost
3-22     of the installation of the systems and the provision of the
3-23     services to the parcels.
3-24           Sec. 246.004.  PROPERTIES DEVELOPED BEYOND ONE MILE OF ANY
3-25     MUNICIPALITY. (a)  This section applies only to real property
3-26     consisting of more than seven acres that is located:
3-27                 (1)  completely beyond one mile of any municipality;
 4-1     and
 4-2                 (2)  completely or partially within a county any part
 4-3     of which is within 50 miles of an international border.
 4-4           (b)  To subdivide real property into more than three parcels,
 4-5     an owner must:
 4-6                 (1)  apply to the nearest municipality for the
 4-7     provision of sewage drainage and water supply services to the real
 4-8     property;
 4-9                 (2)  ensure that an adequate sewage drainage system and
4-10     an adequate water supply system is provided for each parcel
4-11     proposed for subdivision; and
4-12                 (3)  contribute to the municipality 100 percent of the
4-13     municipality's costs for the installation of the systems and the
4-14     provision of the services to the parcels.
4-15           (c)  If the cost to the owner of the real property to install
4-16     the systems and provide the services described by this section
4-17     exceeds an amount equal to 25 percent of the value of the real
4-18     property, the owner is exempt from the installation of the systems
4-19     and the provision of the services described by this section.
4-20           Sec. 246.005.  CONFLICT OF LAWS.  In case of a conflict
4-21     between this chapter and another state law, this chapter prevails.
4-22           SECTION 2.  The change in law made by this Act in adding
4-23     Sections 246.003 and 246.004, Local Government Code, applies only
4-24     to real property subdivided on or after the effective date of this
4-25     Act.
4-26           SECTION 3.  This Act takes effect September 1, 2001.