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Amend CSSB 3 (House Committee Printing) by adding the
following appropriately numbered ARTICLE and renumbering
subsequent ARTICLES and SECTIONS of the bill accordingly:
ARTICLE ____. WATER SERVICE
SECTION ____.01. Subchapter B, Chapter 54, Water Code, is
amended by adding Section 54.017 to read as follows:
Sec. 54.017. CREATION ON RELEASE FROM ANOTHER ENTITY'S
SERVICE AREA. (a) Except as provided by Subsection (c), a
municipality shall provide water service to a land area:
(1) that is composed of one or more contiguous or
noncontiguous parcels that together total at least 50 acres in
size;
(2) that is within the corporate limits or the
extraterritorial jurisdiction of the municipality; and
(3) for which, on or before the effective date of the
Act enacting this section, the owner or owners of the land have
entered into a written agreement with a rural water supply
corporation to release the land from the service area of the
corporation's certificate of public convenience and necessity.
(b) This section applies only to land served by a rural
water supply corporation that has fewer than 5,000 water
connections.
(c) If the municipality determines that it cannot meet the
current and projected demands for water service to the released
land within the time specified by the land's owner or owners:
(1) the municipality shall notify the owner or owners
of the land of that determination; and
(2) a district shall be formed in accordance with this
section to provide water service to the land.
(d) To create the district, the owner or owners of the
released land shall submit a petition to the commission that
includes:
(1) a copy of the agreement described by Subsection
(a)(3);
(2) a copy of the notice described by Subsection
(c)(1); and
(3) the information required under Section 54.015.
(e) The time periods specified and the consent of the
municipality or the consideration of any recommendation of the
county otherwise required by this chapter do not apply to the
creation of a district under this section.
(f) The commission shall expedite the creation of the
district and shall approve the creation of the district not later
than the 90th day after the date of receipt of an administratively
complete petition to create the district.
(g) This section expires September 1, 2011.
SECTION ____.02. This article takes effect immediately if
this Act 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 article takes effect September 1, 2007.