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.