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.