Texas 2023 - 88th Regular

Texas House Bill HB4493 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6263 SGM-F
2	2	By: Harris of Williamson H.B. No. 4493
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of political subdivisions in the
8	8	extraterritorial jurisdiction of certain municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.042, Local Government Code, is
11	11	amended by amending Subsections (b) and (f) and adding Subsection
12	12	(l) to read as follows:
13	13	(b) Except as provided by Subsection (l), if [If] the
14	14	governing body fails or refuses to give its consent for the creation
15	15	of the political subdivision, including a water district previously
16	16	created by an act of the legislature, on mutually agreeable terms
17	17	within 90 days after the date the governing body receives a written
18	18	request for the consent, a majority of the qualified voters of the
19	19	area of the proposed political subdivision and the owners of at
20	20	least 50 percent of the land in the proposed political subdivision
21	21	may petition the governing body to make available to the area the
22	22	water, sanitary sewer services, or both that would be provided by
23	23	the political subdivision.
24	24	(f) Except as provided by Subsection (l), if [If] the
25	25	municipality fails or refuses to give its consent to the creation of
26	26	the political subdivision, including a water district previously
27	27	created by an act of the legislature, or fails or refuses to execute
28	28	a contract providing for the water or sanitary sewer services
29	29	requested within the time limits prescribed by this section, the
30	30	applicant may petition the Texas Commission on Environmental
31	31	Quality for the creation of the political subdivision or the
32	32	inclusion of the land in a political subdivision. The commission
33	33	shall allow creation or confirmation of the creation of the
34	34	political subdivision or inclusion of the land in a proposed
35	35	political subdivision on finding that the municipality either does
36	36	not have the reasonable ability to serve or has failed to make a
37	37	legally binding commitment with sufficient funds available to
38	38	provide water and wastewater service adequate to serve the proposed
39	39	development at a reasonable cost to the landowner. The commitment
40	40	must provide that construction of the facilities necessary to serve
41	41	the land will begin within two years and will be substantially
42	42	completed within 4-1/2 years after the date the petition was filed
43	43	with the municipality.
44	44	(l) A municipality with a population of more than 16,260 and
45	45	less than 16,660 may refuse to give consent to the creation of the
46	46	political subdivision within the extraterritorial jurisdiction of
47	47	the municipality if the political subdivision would be located
48	48	within one mile of a semiconductor manufacturing facility.
49	49	Subsections (b), (c), and (f) do not apply to the refusal to give
50	50	consent under this subsection.
51	51	SECTION 2. This Act takes effect immediately if it receives
52	52	a vote of two-thirds of all the members elected to each house, as
53	53	provided by Section 39, Article III, Texas Constitution. If this
54	54	Act does not receive the vote necessary for immediate effect, this
55	55	Act takes effect September 1, 2023.