H.B. No. 4217
 
 
 
 
AN ACT
  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