Amend CSHB 3476 (senate committee printing) as follows:
(1) In SECTION 1 of the bill, in the recital for amended Section 13.245, Water Code (page 1, line 28), strike "Subsection (c-6)" and substitute "Subsections (c-6), (f), (g), (h), (i), (j), and (k)".
(2) In SECTION 1 of the bill, immediately after added Section 13.245(c-6), Water Code (page 2, between lines 17 and 18), insert the following:
(f) A landowner may file with a municipality a petition described by Subsection (g) to facilitate the development or extension of water and sewer facilities and the provision of water and sewer services at reasonable rates to areas of the municipality's extraterritorial jurisdiction, including by a retail public utility through a certificate of convenience and necessity.
(g) An owner of land located in a municipality's extraterritorial jurisdiction may file a petition requesting the municipality to release the area. The petition must:
(1) describe the area, for which the boundaries are determined solely by the petitioners and which is not required to be contiguous;
(2) include the signatures of the owners of land that makes up at least 51 percent of the taxable value in the area, as indicated by the ad valorem tax records of the central appraisal district of the county in which the area is located;
(3) include a determination by the petitioners that:
(A) the release is necessary or convenient to facilitate the development or extension of water and sewer facilities and the provision of water and sewer services at reasonable rates to the area; or
(B) the municipality does not provide water or sewer services to the area; and
(4) if the area is located in a subdivision, request release of all land in the subdivision that is located in the municipality's extraterritorial jurisdiction.
(h) A municipality shall release from the municipality's extraterritorial jurisdiction the land in the area described by a petition filed under Subsection (g) not later than the 30th day after the date the municipality receives the petition. The filing of the petition creates an irrebuttable presumption that the property is not a part of the municipality's extraterritorial jurisdiction and that the release is necessary or convenient as determined by the petitioners. The presumption may not be contested for any cause after the date the municipality receives the petition.
(i) If a municipality fails to release the land as required by Subsection (h), the landowner filing the petition may bring an action against the municipality to compel release of the land. If the landowner prevails, the landowner may recover attorney's fees and court costs resulting from bringing the action. Governmental immunity to suit and from liability of a municipality is waived to the extent of liability created by this subsection or Subsection (f), (g), or (h).
(j) Notwithstanding Subsection (a), a petition under Subsection (g) may be filed only for an area:
(1) that is at least five acres and contains not more than five residents; and
(2) for which, as determined solely by the petitioners, the municipality has not:
(A) provided water and sewer services; or
(B) entered into a binding commitment under Subsection (c-1)(2) to provide the area with water and sewer services as evidenced by a written agreement with the landowners.
(k) Subsections (f) through (j) do not apply to an area:
(1) in a municipality's extraterritorial jurisdiction if the municipality has a population of more than 1.3 million;
(2) in an industrial district under Section 42.044, Local Government Code; or
(3) that is subject to a strategic partnership agreement under Section 43.0751, Local Government Code.
(3) Strike SECTION 2 of the bill, adding effective date language (page 2, line 18), and substitute the following:
SECTION 2. 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, 2021.