| 1 | 1 | | 86R12574 SCL-F |
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| 2 | 2 | | By: Campbell S.B. No. 1449 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to retaliation for municipal annexation disapproval. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 43.0688, Local Government Code, is |
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| 10 | 10 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) The disapproval of the proposed annexation of an area |
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| 13 | 13 | | under this subchapter does not affect any existing legal obligation |
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| 14 | 14 | | of the municipality proposing the annexation to continue to provide |
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| 15 | 15 | | governmental services in the area, including water or wastewater |
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| 16 | 16 | | services, regardless of whether the municipality holds a |
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| 17 | 17 | | certificate of convenience and necessity to serve the area. |
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| 18 | 18 | | (c) A municipality that makes a wholesale sale of water to a |
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| 19 | 19 | | special district operating under Chapter 36 or Title 4, Water Code, |
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| 20 | 20 | | may not charge rates for the water that are higher than rates |
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| 21 | 21 | | charged in other similarly situated areas solely because the |
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| 22 | 22 | | district is wholly or partly located in an area that disapproved of |
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| 23 | 23 | | a proposed annexation under this subchapter. |
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| 24 | 24 | | SECTION 2. Section 43.0699, Local Government Code, is |
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| 25 | 25 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | (a) The disapproval of the proposed annexation of an area |
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| 28 | 28 | | under this subchapter does not affect any existing legal obligation |
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| 29 | 29 | | of the municipality proposing the annexation to continue to provide |
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| 30 | 30 | | governmental services in the area, including water or wastewater |
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| 31 | 31 | | services, regardless of whether the municipality holds a |
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| 32 | 32 | | certificate of convenience and necessity to serve the area. |
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| 33 | 33 | | (c) A municipality that makes a wholesale sale of water to a |
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| 34 | 34 | | special district operating under Chapter 36 or Title 4, Water Code, |
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| 35 | 35 | | may not charge rates for the water that are higher than rates |
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| 36 | 36 | | charged in other similarly situated areas solely because the |
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| 37 | 37 | | district is wholly or partly located in an area that disapproved of |
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| 38 | 38 | | a proposed annexation under this subchapter. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2019. |
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