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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of political subdivisions in the |
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extraterritorial jurisdiction of certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.042, Local Government Code, is |
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amended by amending Subsections (b) and (f) and adding Subsection |
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(l) to read as follows: |
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(b) Except as provided by Subsection (l), if [If] the |
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governing body fails or refuses to give its consent for the creation |
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of the political subdivision, including a water district previously |
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created by an act of the legislature, on mutually agreeable terms |
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within 90 days after the date the governing body receives a written |
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request for the consent, a majority of the qualified voters of the |
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area of the proposed political subdivision and the owners of at |
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least 50 percent of the land in the proposed political subdivision |
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may petition the governing body to make available to the area the |
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water, sanitary sewer services, or both that would be provided by |
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the political subdivision. |
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(f) Except as provided by Subsection (l), if [If] the |
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municipality fails or refuses to give its consent to the creation of |
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the political subdivision, including a water district previously |
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created by an act of the legislature, or fails or refuses to execute |
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a contract providing for the water or sanitary sewer services |
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requested within the time limits prescribed by this section, the |
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applicant may petition the Texas Commission on Environmental |
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Quality for the creation of the political subdivision or the |
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inclusion of the land in a political subdivision. The commission |
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shall allow creation or confirmation of the creation of the |
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political subdivision or inclusion of the land in a proposed |
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political subdivision on finding that the municipality either does |
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not have the reasonable ability to serve or has failed to make a |
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legally binding commitment with sufficient funds available to |
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provide water and wastewater service adequate to serve the proposed |
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development at a reasonable cost to the landowner. The commitment |
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must provide that construction of the facilities necessary to serve |
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the land will begin within two years and will be substantially |
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completed within 4-1/2 years after the date the petition was filed |
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with the municipality. |
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(l) A municipality with a population of more than 16,260 and |
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less than 16,660 may refuse to give consent to the creation of the |
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political subdivision within the extraterritorial jurisdiction of |
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the municipality if the political subdivision would be located |
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within one mile of a semiconductor manufacturing facility. |
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Subsections (b), (c), and (f) do not apply to the refusal to give |
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consent under this subsection. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |