BILL ANALYSIS

Senate Research Center	H.B. 4217
88R22697 DIO-F	By: Troxclair (Springer)
	Local Government
	5/20/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The West Travis County Public Utility Agency requires new right-of-way authority in
order to pursue projects that are outlined in the district's capital improvement plan. H.B. 4217 grants the West Travis County Public Utility Agency the power of eminent domain.

H.B. 4217 amends current law relating to the powers of certain public utility agencies and grants the power of eminent domain.

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 Subchapter C, Chapter 572, Local Government Code, by adding Sections 572.0585 and 572.0586, as follows:

Sec. 572.0585. EMINENT DOMAIN IN CERTAIN COUNTIES. (a) Provides that a public utility agency has the power of eminent domain to be exercised in the manner provided by this section. Authorizes the public utility agency to acquire by condemnation, for the use and benefit of the agency, land, easements, and property inside the service area of the public utility agency, necessary for water, sanitary sewer, storm drainage, or flood drainage or control purposes or for any other of its projects or purposes. Authorizes the public utility agency to elect to condemn either the fee simple title or a lesser property interest.

(b) Requires that the power of eminent domain be exercised in the manner provided in Chapter 21 (Eminent Domain), Property Code, except that the public utility agency is not required to:

(1)� give bond for appeal or bond for costs in any condemnation suit or other suit to which it is a party; or

(2) deposit more than the amount of any award in any suit.

(c) Prohibits the power of eminent domain from being used for the condemnation of land for the purpose of acquiring rights to underground water or of water or water rights.

(d) Provides that this section only applies to a public utility agency domiciled in a county with a population of more than 1.2 million.

Sec. 572.0586. EXTENSION OF SERVICES. Requires a public utility agency to hold a public hearing and provide an opportunity for public comment before extending service to new customers located outside the service area identified in the 10-year capital improvements plan adopted in compliance with Chapter 395 (Financing Capital Improvements Required by New Development in Municipalities, Counties, and Certain Other Local Governments) that is in effect when an application for extension of service is received.

SECTION 2. Provides that Section 572.0585, Local Government Code, as added by this Act, takes effect only if this Act receives a two-thirds vote of all the members elected to each house.

SECTION 3. Effective date, except as otherwise provided by this Act: upon passage or September 1, 2023.