Bill Text: TX HB4493 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of political subdivisions in the extraterritorial jurisdiction of certain municipalities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Land & Resource Management [HB4493 Detail]
Download: Texas-2023-HB4493-Introduced.html
| 88R6263 SGM-F | ||
| By: Harris of Williamson | H.B. No. 4493 | |
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| 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 [ |
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| 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 [ |
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| 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. | ||
