| 1 | 1 | | H.B. No. 4217 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the powers of certain public utility agencies; granting |
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| 6 | 6 | | the power of eminent domain. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter C, Chapter 572, Local Government |
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| 9 | 9 | | Code, is amended by adding Sections 572.0585 and 572.0586 to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 572.0585. EMINENT DOMAIN IN CERTAIN COUNTIES. (a) A |
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| 12 | 12 | | public utility agency has the power of eminent domain to be |
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| 13 | 13 | | exercised in the manner provided by this section. The public |
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| 14 | 14 | | utility agency may acquire by condemnation, for the use and benefit |
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| 15 | 15 | | of the agency, land, easements, and property inside the service |
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| 16 | 16 | | area of the public utility agency, necessary for water, sanitary |
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| 17 | 17 | | sewer, storm drainage, or flood drainage or control purposes or for |
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| 18 | 18 | | any other of its projects or purposes. The public utility agency |
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| 19 | 19 | | may elect to condemn either the fee simple title or a lesser |
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| 20 | 20 | | property interest. |
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| 21 | 21 | | (b) The power of eminent domain shall be exercised in the |
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| 22 | 22 | | manner provided in Chapter 21, Property Code, except that the |
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| 23 | 23 | | public utility agency is not required to: |
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| 24 | 24 | | (1) give bond for appeal or bond for costs in any |
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| 25 | 25 | | condemnation suit or other suit to which it is a party; or |
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| 26 | 26 | | (2) deposit more than the amount of any award in any |
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| 27 | 27 | | suit. |
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| 28 | 28 | | (c) The power of eminent domain may not be used for the |
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| 29 | 29 | | condemnation of land for the purpose of acquiring rights to |
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| 30 | 30 | | underground water or of water or water rights. |
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| 31 | 31 | | (d) This section only applies to a public utility agency |
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| 32 | 32 | | domiciled in a county with a population of more than 1.2 million. |
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| 33 | 33 | | Sec. 572.0586. EXTENSION OF SERVICES. A public utility |
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| 34 | 34 | | agency shall hold a public hearing and provide an opportunity for |
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| 35 | 35 | | public comment before extending service to new customers located |
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| 36 | 36 | | outside the service area identified in the 10-year capital |
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| 37 | 37 | | improvements plan adopted in compliance with Chapter 395 that is in |
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| 38 | 38 | | effect when an application for extension of service is received. |
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| 39 | 39 | | SECTION 2. Section 572.0585, Local Government Code, as |
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| 40 | 40 | | added by this Act, takes effect only if this Act receives a |
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| 41 | 41 | | two-thirds vote of all the members elected to each house. |
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| 42 | 42 | | SECTION 3. Except as otherwise provided by this Act, this |
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| 43 | 43 | | Act takes effect immediately if it receives a vote of two-thirds of |
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| 44 | 44 | | all the members elected to each house, as provided by Section 39, |
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| 45 | 45 | | Article III, Texas Constitution. If this Act does not receive the |
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| 46 | 46 | | vote necessary for immediate effect, this Act takes effect |
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| 47 | 47 | | September 1, 2023. |
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| 48 | 48 | | ______________________________ ______________________________ |
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| 49 | 49 | | President of the Senate Speaker of the House |
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| 50 | 50 | | I certify that H.B. No. 4217 was passed by the House on May |
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| 51 | 51 | | 11, 2023, by the following vote: Yeas 125, Nays 11, 1 present, not |
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| 52 | 52 | | voting. |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Chief Clerk of the House |
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| 55 | 55 | | I certify that H.B. No. 4217 was passed by the Senate on May |
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| 56 | 56 | | 24, 2023, by the following vote: Yeas 30, Nays 1. |
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| 57 | 57 | | ______________________________ |
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| 58 | 58 | | Secretary of the Senate |
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| 59 | 59 | | APPROVED: _____________________ |
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| 60 | 60 | | Date |
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| 61 | 61 | | _____________________ |
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| 62 | 62 | | Governor |
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