By:  Bailey, Howard, Olivo                                        H.B. No. 467


A BILL TO BE ENTITLED
AN ACT
relating to the financing of water and sewer programs and the provision of sewer connections in disadvantaged areas in certain counties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 15, Water Code, is amended by adding Section 15.009 to read as follows: Sec. 15.009. ELIGIBILITY FOR FINANCIAL ASSISTANCE FOR ECONOMICALLY DISTRESSED AREAS. Notwithstanding other provisions of this chapter, Chapter 16, or Chapter 17, a county with a population of three million or more or a county with a population of 350,000 or more that is adjacent to a county with a population of three million or more is eligible for any financial assistance available under this chapter, Chapter 16, or Chapter 17 for providing water and sewer services, connections to water and sewer services, and any other assistance related to water and sewer services in economically distressed areas of the county. SECTION 2. Sections 16.343(f) and (g), Water Code, are amended to read as follows: (f) Notwithstanding any other law to the contrary, the only kind of county that may adopt the model rules is: (1) an affected county; or (2) a county described by Section 15.009. (g) Before an application for funds under Section 15.407 or Subchapter P, Chapter 15, or Subchapter K, Chapter 17, may be considered by the board, a political subdivision must adopt the model rules pursuant to this section. A county described by Section 15.009 may limit the applicability of the model rules to the portion of the county for which the application is made. If the applicant is a district, nonprofit water supply corporation, or colonia, the applicant must be located in a city or county that has adopted such rules. Applicants for funds under Section 15.407 or Subchapter P, Chapter 15, or Subchapter K, Chapter 17, may not receive funds under those provisions unless the applicable political subdivision adopts and enforces the model rules. SECTION 3. Subchapter K, Chapter 17, Water Code, is amended by adding Section 17.9345 to read as follows: Sec. 17.9345. SEWER CONNECTIONS IN MUNICIPALITIES IN ECONOMICALLY DISTRESSED AREAS. (a) On request of an owner or occupant of land located in a municipality on which a new residential structure is being constructed and that is adjacent to a street, the municipality shall provide sewer service connections on both sides of the street. (b) The cost of providing sewer service connections under Subsection (a) shall be borne by the municipality. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.