Bill Text: TX HB4217 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
88R22697 DIO-F | |||
By: Troxclair | H.B. No. 4217 | ||
Substitute the following for H.B. No. 4217: | |||
By: King of Uvalde | C.S.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. |