bill cutting city consent time for new districts

The text as introduced · 1,403 words

89R9663 JBD-F

By: Creighton
S.B. No. 2685

A BILL TO BE ENTITLED

AN ACT

relating to municipal and county consent for the creation of and

inclusion of territory in certain political subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 42.042(b), (f), and (k), Local

Government Code, are amended to read as follows:

(b) If the governing body fails or refuses to give its

consent for the creation of the political subdivision, including a

[ water ] district previously created by an act of the legislature,

not later than the 75th day [ on mutually agreeable terms within 90

days ] after the date the governing body receives a written request

for [ the ] consent for the creation of the political subdivision , a

majority of the qualified voters of the area of the proposed

political subdivision or [ and ] the owners of at least 50 percent of

the land in the proposed political subdivision may petition the

Texas Commission on Environmental Quality for the creation of the

political subdivision [ governing body to make available to the area

the water, sanitary sewer services, or both that would be provided

by the political subdivision ].

(f) [ If the municipality fails or refuses to give its

consent to the creation of the political subdivision, including a

water district previously created by an act of the legislature, or

fails or refuses to execute a contract providing for the water or

sanitary sewer services requested within the time limits prescribed

by this section, the applicant may petition the Texas Commission on

Environmental Quality for the creation of the political subdivision

or the inclusion of the land in a political subdivision. ] The Texas

Commission on Environmental Quality [ commission ] shall allow

creation or confirmation of the creation of the political

subdivision or inclusion of the land in a proposed political

subdivision for which the commission receives a petition under

Subsection (b) only on finding that the municipality either does

not have the reasonable ability to provide water and wastewater

service adequate to serve the full development of the land from the

municipality's existing facilities at a reasonable cost to the

landowner or has failed to make a legally binding commitment with

sufficient funds available to provide water and wastewater service

adequate to serve the proposed full development of the land at a

reasonable cost to the landowner. The commitment must provide that

the municipality shall commence construction of the facilities

necessary to serve the land [ will begin ] within two years and the

construction will be substantially completed within three and

one-half [ 4-1/2 ] years after the date the petition was filed with

the municipality.

(k) This section[ , except Subsection (i), ] applies only to

the proposed political subdivision's area located in the

extraterritorial jurisdiction of the municipality.

SECTION 2. Sections 54.016(b) and (d), Water Code, are

amended to read as follows:

(b) If the governing body of a city fails or refuses to grant

permission for the inclusion of land within its extraterritorial

jurisdiction in a district, including a district created by a

special act of the legislature, within 75 [ 90 ] days after receipt of

a written request, a majority of the electors in the area proposed

to be included in the district or the owner or owners of 50 percent

or more of the land to be included may petition the commission for

the creation of the district or the inclusion of the land in a

district [ governing body of the city and request the city to make

available to the land the water or sanitary sewer service

contemplated to be provided by the district ].

(d) [ The provisions of this section relating to the method

of including land in a district without securing the written

consent of a city applies only to land within the extraterritorial

jurisdiction of a city and does not apply to land within the

corporate limits of a city. If the city fails or refuses to grant

permission for the inclusion of land in a district or to execute a

mutually agreeable contract providing for the water or sanitary

sewer service requested within the time limits contained within

Subsection (b) or (c) of this section, the applicant may petition

the commission for creation of the district or inclusion of the land

in a district. ] The commission shall allow creation or inclusion of

the land in a proposed district for which the commission receives a

petition under Subsection (b) only upon a finding that the city

either does not have the reasonable ability to provide water and

wastewater service adequate to serve the full development of the

land from the city's existing facilities at a reasonable cost to the

landowner or has failed to make a legally binding commitment with

sufficient funds available to provide water and wastewater service

adequate to serve the full [ proposed ] development of the land at a

reasonable cost to the landowner. The commitment shall provide

that the city shall commence construction of the facilities

necessary to serve the land [ shall be commenced ] within two years,

and that the construction shall be substantially complete within

three and one-half [ four and one-half ] years from the date the

petition was filed with the city. Upon any appeal taken to the

district court from the commission ruling, all parties to the

commission hearing shall be made parties to the appeal. The court

shall hear the case within 120 days from the date the appeal is

filed. If the case is continued or appealed to a higher court

beyond such 120-day period, the court shall require the appealing

party in the case of appeal to a higher court or party requesting

such continuance to post a bond or other adequate security in the

amount of damages that may be incurred by any party as a result of

such appeal or delay from the commission action. The amount of the

bond or other security shall be determined by the court after notice

and hearing. Upon final disposition, a court may award damages,

including any damages for delays, attorney's fees, and costs of

court to the prevailing party. Under no circumstances shall land

within the corporate limits of a city be included in a district

without the written consent, by ordinance or resolution, of the

city. The provisions of this section shall apply whether the land

is proposed to be included in the district at the time of creation

of a district or to be included by annexation to a district. A

district shall not allow the owner of a tract to connect to the

district's water or wastewater system unless such tract is a

legally subdivided lot which is part of a recorded subdivision plat

or is otherwise legally exempt from the subdivision requirements of

the applicable governmental authority.

SECTION 3. Section 54.0161, Water Code, is amended by

amending Subsection (c) and adding Subsection (d) to read as

follows:

(c) In passing on a petition subject to this section, the

commission shall consider the written opinion submitted by the

county commissioners court. The commission may request additional

information from the county commissioners court regarding the

petition.

(d) The county commissioners court may participate in the

consideration of the creation of a district before the commission

only in the manner provided by this section.

SECTION 4. The following provisions are repealed:

(1) Sections 42.042(c) and (d), Local Government Code;

(2) Section 42.0425(c), Local Government Code;

(3) Section 54.016(c), Water Code; and

(4) Section 54.0165(c), Water Code.

SECTION 5. The changes in law made by this Act apply only to

a petition for the creation of a political subdivision that is filed

with the Texas Commission on Environmental Quality on or after the

effective date of this Act. A petition pending before the Texas

Commission on Environmental Quality on the effective date of this

Act is governed by the law in effect at the time the petition was

filed, and that law is continued in effect for that purpose.

SECTION 6. 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, 2025.