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.