H.B. No. 4217
AN ACT
relating to the powers of certain public utility agencies; granting
the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 572, Local Government
Code, is amended by adding Sections 572.0585 and 572.0586 to read as
follows:
Sec. 572.0585. EMINENT DOMAIN IN CERTAIN COUNTIES. (a) A
public utility agency has the power of eminent domain to be
exercised in the manner provided by this section. The public
utility agency may acquire by condemnation, for the use and benefit
of the agency, land, easements, and property inside the service
area of the public utility agency, necessary for water, sanitary
sewer, storm drainage, or flood drainage or control purposes or for
any other of its projects or purposes. The public utility agency
may elect to condemn either the fee simple title or a lesser
property interest.
(b) The power of eminent domain shall be exercised in the
manner provided in Chapter 21, Property Code, except that the
public utility agency is not required to:
(1) give bond for appeal or bond for costs in any
condemnation suit or other suit to which it is a party; or
(2) deposit more than the amount of any award in any
suit.
(c) The power of eminent domain may not be used for the
condemnation of land for the purpose of acquiring rights to
underground water or of water or water rights.
(d) This section only applies to a public utility agency
domiciled in a county with a population of more than 1.2 million.
Sec. 572.0586. EXTENSION OF SERVICES. A public utility
agency shall hold a public hearing and provide an opportunity for
public comment before extending service to new customers located
outside the service area identified in the 10-year capital
improvements plan adopted in compliance with Chapter 395 that is in
effect when an application for extension of service is received.
SECTION 2. Section 572.0585, Local Government Code, as
added by this Act, takes effect only if this Act receives a
two-thirds vote of all the members elected to each house.
SECTION 3. Except as otherwise provided by this Act, 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4217 was passed by the House on May
11, 2023, by the following vote: Yeas 125, Nays 11, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4217 was passed by the Senate on May
24, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor