Bill Text: TX HB4217 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the powers of certain public utility agencies; granting the power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-18 - Effective immediately [HB4217 Detail]
Download: Texas-2023-HB4217-Enrolled.html
| H.B. No. 4217 | ||
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| 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 | ||
