1 | | - | H.B. No. 4257 |
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| 1 | + | By: Craddick (Senate Sponsor - Campbell) H.B. No. 4257 |
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| 2 | + | (In the Senate - Received from the House April 29, 2019; |
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| 3 | + | April 29, 2019, read first time and referred to Committee on |
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| 4 | + | Intergovernmental Relations; May 17, 2019, reported favorably by |
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| 5 | + | the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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4 | 10 | | AN ACT |
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5 | 11 | | relating to retaliation for municipal annexation disapproval. |
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6 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 13 | | SECTION 1. Section 43.0688, Local Government Code, is |
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8 | 14 | | amended by amending Subsection (a) and adding Subsection (c) to |
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9 | 15 | | read as follows: |
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10 | 16 | | (a) The disapproval of the proposed annexation of an area |
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11 | 17 | | under this subchapter does not affect any existing legal obligation |
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12 | 18 | | of the municipality proposing the annexation to continue to provide |
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13 | 19 | | governmental services in the area, including water or wastewater |
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14 | 20 | | services, regardless of whether the municipality holds a |
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15 | 21 | | certificate of convenience and necessity to serve the area. |
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16 | 22 | | (c) A municipality that makes a wholesale sale of water to a |
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17 | 23 | | special district operating under Chapter 36 or Title 4, Water Code, |
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18 | 24 | | may not charge rates for the water that are higher than rates |
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19 | 25 | | charged in other similarly situated areas solely because the |
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20 | 26 | | district is wholly or partly located in an area that disapproved of |
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21 | 27 | | a proposed annexation under this subchapter. |
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22 | 28 | | SECTION 2. Section 43.0699, Local Government Code, is |
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23 | 29 | | amended by amending Subsection (a) and adding Subsection (c) to |
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24 | 30 | | read as follows: |
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25 | 31 | | (a) The disapproval of the proposed annexation of an area |
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26 | 32 | | under this subchapter does not affect any existing legal obligation |
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27 | 33 | | of the municipality proposing the annexation to continue to provide |
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28 | 34 | | governmental services in the area, including water or wastewater |
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29 | 35 | | services, regardless of whether the municipality holds a |
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30 | 36 | | certificate of convenience and necessity to serve the area. |
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31 | 37 | | (c) A municipality that makes a wholesale sale of water to a |
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32 | 38 | | special district operating under Chapter 36 or Title 4, Water Code, |
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33 | 39 | | may not charge rates for the water that are higher than rates |
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34 | 40 | | charged in other similarly situated areas solely because the |
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35 | 41 | | district is wholly or partly located in an area that disapproved of |
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36 | 42 | | a proposed annexation under this subchapter. |
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37 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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38 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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39 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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40 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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41 | 47 | | Act takes effect September 1, 2019. |
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42 | | - | ______________________________ ______________________________ |
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43 | | - | President of the Senate Speaker of the House |
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44 | | - | I certify that H.B. No. 4257 was passed by the House on April |
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45 | | - | 26, 2019, by the following vote: Yeas 138, Nays 1, 2 present, not |
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46 | | - | voting. |
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47 | | - | ______________________________ |
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48 | | - | Chief Clerk of the House |
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49 | | - | I certify that H.B. No. 4257 was passed by the Senate on May |
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50 | | - | 22, 2019, by the following vote: Yeas 31, Nays 0. |
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51 | | - | ______________________________ |
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52 | | - | Secretary of the Senate |
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53 | | - | APPROVED: _____________________ |
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54 | | - | Date |
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55 | | - | _____________________ |
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56 | | - | Governor |
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| 48 | + | * * * * * |
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