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.