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BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1271

                                                                                                                                 By: West, Royce

                                                                                                               Intergovernmental Relations

                                                                                                                                            8/21/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 76th Legislature, Regular Session, 1999, recognized the difficulty counties have with ensuring adequate water and wastewater facilities in their unincorporated areas, and authorized all counties to acquire, own, operate, or contract for the operation of water or sewer utility systems to serve such areas.  However, the legislation limited this authority to Harris County and adjoining counties. 

 

S.B. 1271 authorizes a county to finance a water or sewer utility system in an unincorporated area of the county.  The bill also authorizes a county with a population of two million or more and any adjoining county to serve an area within a municipality, with the municipality's approval.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 412.016, Local Government Code, as follows:

 

Sec. 412.016.  COUNTY WATER AND SEWER SYSTEM.  (a)  Authorizes a county to finance the operation of a water or sewer utility system to serve an unincorporated area of the county in the same manner and under the same regulations as a municipality under Chapter 402 (Municipal Utilities).  Requires the county to comply with all provisions of Chapter 13 (Water Rates and Services), Water Code, that apply to a municipality.  Authorizes a county with a population of two, rather than 2.8, million or more and any adjoining county, with the municipality's approval, to serve an area within a municipality.  Makes a conforming change.

 

(b)  Makes a conforming change.

 

(c)  Makes a conforming change.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.