HBA-AMW, JEK H.B. 666 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 666 By: Bailey Land & Resource Management 2/14/2001 Introduced BACKGROUND AND PURPOSE In counties with a population of 2.8 million or more, municipalities currently regulate the size, type, and method of construction of water and wastewater facilities in their extraterritorial jurisdictions. The standards imposed by these municipalities often prevent a developer or a county from using the most economical means to provide sewer and water service and can result in their reluctance to install replacement systems. The reluctance to replace failing systems can pose potential environmental and public health risks for residents of the developed tract and for downstream locations. These risks could be mitigated by removing restrictions on developers and counties that prevent them from installing safe and economical replacement systems. House Bill 666 prohibits a municipality that is located in a county with a population of 2.8 million or more from regulating the size, type, or method of construction of a water or wastewater facility in its extraterritorial jurisdiction. 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. ANALYSIS House Bill 666 amends the Local Government Code to prohibit a municipality that is located in a county with a population of 2.8 million or more from regulating the size, type, or method of construction of a water or wastewater facility in its extraterritorial jurisdiction. The bill applies to a facility that can be constructed to serve a developed tract of land that is either served by on-site septic systems that fail to provide adequate services or by on-site water wells that fail to provide an adequate supply of safe drinking water. These provisions apply to water and wastewater facilities under construction on the effective date of the bill. EFFECTIVE DATE September 1, 2001.