HBA-MPA H.B. 997 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 997
By:Turner
Land & Resource Management
2/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, it is possible for a city to annex property, with or without the
consent of the property owner, but not provide municipal services such as
water and wastewater service for as long as four and one half years after
annexation and taxation of the property.  A municipality may also in
certain situations require the property owner to assist in financing
capital improvements necessary to provide that person with services
mandated by law.  H.B. 997 requires municipalities to provide municipal
services in a definite time frame, and prevents municipalities from
requiring a property owner to finance capital improvements necessary to
provide those services. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 43.056(a), (c), (e), and (k), Local Government
Code, as follows: 

Sec. 43.056 (a) Prohibits a municipality, unless otherwise agreed, from
requiring a landowner to provide the funding of the capital improvements
necessary to provide municipal services in an area to be annexed in a
manner that is inconsistent with  Chapter 395 (Financing Capital
Improvement Required by New Development in Municipalities, Counties, and
Certain Other Local Governments). 

(c) Provides that utility revenues may provide a source of funding for
"full municipal services" for the purposes of this section. 

(e) Prohibits a service plan from requiring a landowner to fund the capital
improvements necessary to provide municipal services, including water and
wastewater services, in a manner inconsistent with Chapter 395, unless
otherwise agreed.   Makes a nonsubstantive change. 

(k) Provides that the exclusion from the requirement to provide a uniform
level of full municipal services must be based on reasonable consideration
of different characteristics of topography, land use, and population
density.  Prohibits a municipality from refusing to provide water and
wastewater service to any property in an annexed area if the municipality
provides the service to other parts of the municipality. 

SECTION 2.  Makes application of this Act prospective. 

SECTION 3.  Provides that this Act does not diminish or impair the rights
or remedies of any person or entity under final judgment rendered by, or in
any pending litigation brought in any court relating to an interpretation
of the provisions of Section 43.056. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.