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AN ACT
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relating to retaliation for municipal annexation disapproval. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.0688, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The disapproval of the proposed annexation of an area |
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under this subchapter does not affect any existing legal obligation |
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of the municipality proposing the annexation to continue to provide |
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governmental services in the area, including water or wastewater |
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services, regardless of whether the municipality holds a |
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certificate of convenience and necessity to serve the area. |
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(c) A municipality that makes a wholesale sale of water to a |
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special district operating under Chapter 36 or Title 4, Water Code, |
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may not charge rates for the water that are higher than rates |
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charged in other similarly situated areas solely because the |
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district is wholly or partly located in an area that disapproved of |
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a proposed annexation under this subchapter. |
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SECTION 2. Section 43.0699, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The disapproval of the proposed annexation of an area |
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under this subchapter does not affect any existing legal obligation |
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of the municipality proposing the annexation to continue to provide |
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governmental services in the area, including water or wastewater |
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services, regardless of whether the municipality holds a |
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certificate of convenience and necessity to serve the area. |
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(c) A municipality that makes a wholesale sale of water to a |
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special district operating under Chapter 36 or Title 4, Water Code, |
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may not charge rates for the water that are higher than rates |
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charged in other similarly situated areas solely because the |
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district is wholly or partly located in an area that disapproved of |
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a proposed annexation under this subchapter. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4257 was passed by the House on April |
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26, 2019, by the following vote: Yeas 138, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4257 was passed by the Senate on May |
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22, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |