88R6263 SGM-F
By: Harris of Williamson H.B. No. 4493
A BILL TO BE ENTITLED
AN ACT
relating to the creation of political subdivisions in the
extraterritorial jurisdiction of certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.042, Local Government Code, is
amended by amending Subsections (b) and (f) and adding Subsection
(l) to read as follows:
(b) Except as provided by Subsection (l), if [If] the
governing body fails or refuses to give its consent for the creation
of the political subdivision, including a water district previously
created by an act of the legislature, on mutually agreeable terms
within 90 days after the date the governing body receives a written
request for the consent, a majority of the qualified voters of the
area of the proposed political subdivision and the owners of at
least 50 percent of the land in the proposed political subdivision
may petition the governing body to make available to the area the
water, sanitary sewer services, or both that would be provided by
the political subdivision.
(f) Except as provided by Subsection (l), if [If] the
municipality fails or refuses to give its consent to the creation of
the political subdivision, including a water district previously
created by an act of the legislature, or fails or refuses to execute
a contract providing for the water or sanitary sewer services
requested within the time limits prescribed by this section, the
applicant may petition the Texas Commission on Environmental
Quality for the creation of the political subdivision or the
inclusion of the land in a political subdivision. The commission
shall allow creation or confirmation of the creation of the
political subdivision or inclusion of the land in a proposed
political subdivision on finding that the municipality either does
not have the reasonable ability to serve or has failed to make a
legally binding commitment with sufficient funds available to
provide water and wastewater service adequate to serve the proposed
development at a reasonable cost to the landowner. The commitment
must provide that construction of the facilities necessary to serve
the land will begin within two years and will be substantially
completed within 4-1/2 years after the date the petition was filed
with the municipality.
(l) A municipality with a population of more than 16,260 and
less than 16,660 may refuse to give consent to the creation of the
political subdivision within the extraterritorial jurisdiction of
the municipality if the political subdivision would be located
within one mile of a semiconductor manufacturing facility.
Subsections (b), (c), and (f) do not apply to the refusal to give
consent under this subsection.
SECTION 2. 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.