By: Craddick (Senate Sponsor - Campbell) H.B. No. 4257
(In the Senate - Received from the House April 29, 2019;
April 29, 2019, read first time and referred to Committee on
Intergovernmental Relations; May 17, 2019, reported favorably by
the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to retaliation for municipal annexation disapproval.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.0688, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The disapproval of the proposed annexation of an area
under this subchapter does not affect any existing legal obligation
of the municipality proposing the annexation to continue to provide
governmental services in the area, including water or wastewater
services, regardless of whether the municipality holds a
certificate of convenience and necessity to serve the area.
(c) A municipality that makes a wholesale sale of water to a
special district operating under Chapter 36 or Title 4, Water Code,
may not charge rates for the water that are higher than rates
charged in other similarly situated areas solely because the
district is wholly or partly located in an area that disapproved of
a proposed annexation under this subchapter.
SECTION 2. Section 43.0699, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The disapproval of the proposed annexation of an area
under this subchapter does not affect any existing legal obligation
of the municipality proposing the annexation to continue to provide
governmental services in the area, including water or wastewater
services, regardless of whether the municipality holds a
certificate of convenience and necessity to serve the area.
(c) A municipality that makes a wholesale sale of water to a
special district operating under Chapter 36 or Title 4, Water Code,
may not charge rates for the water that are higher than rates
charged in other similarly situated areas solely because the
district is wholly or partly located in an area that disapproved of
a proposed annexation under this subchapter.
SECTION 3. 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, 2019.
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