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AN ACT
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relating to the powers of certain public utility agencies; granting |
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the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 572, Local Government |
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Code, is amended by adding Sections 572.0585 and 572.0586 to read as |
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follows: |
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Sec. 572.0585. EMINENT DOMAIN IN CERTAIN COUNTIES. (a) A |
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public utility agency has the power of eminent domain to be |
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exercised in the manner provided by this section. The public |
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utility agency may acquire by condemnation, for the use and benefit |
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of the agency, land, easements, and property inside the service |
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area of the public utility agency, necessary for water, sanitary |
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sewer, storm drainage, or flood drainage or control purposes or for |
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any other of its projects or purposes. The public utility agency |
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may elect to condemn either the fee simple title or a lesser |
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property interest. |
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(b) The power of eminent domain shall be exercised in the |
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manner provided in Chapter 21, Property Code, except that the |
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public utility agency is not required to: |
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(1) give bond for appeal or bond for costs in any |
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condemnation suit or other suit to which it is a party; or |
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(2) deposit more than the amount of any award in any |
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suit. |
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(c) The power of eminent domain may not be used for the |
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condemnation of land for the purpose of acquiring rights to |
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underground water or of water or water rights. |
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(d) This section only applies to a public utility agency |
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domiciled in a county with a population of more than 1.2 million. |
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Sec. 572.0586. EXTENSION OF SERVICES. A public utility |
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agency shall hold a public hearing and provide an opportunity for |
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public comment before extending service to new customers located |
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outside the service area identified in the 10-year capital |
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improvements plan adopted in compliance with Chapter 395 that is in |
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effect when an application for extension of service is received. |
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SECTION 2. Section 572.0585, Local Government Code, as |
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added by this Act, takes effect only if this Act receives a |
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two-thirds vote of all the members elected to each house. |
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SECTION 3. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4217 was passed by the House on May |
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11, 2023, by the following vote: Yeas 125, Nays 11, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4217 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |