HBA-AMW C.S.H.B. 666 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 666
By: Bailey
Land & Resource Management
2/23/2001
Committee Report (Substituted)



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.  C.S.H.B. 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 under
certain conditions. 

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

C.S.H.B. 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 exempts
from municipal regulation a facility that meets the minimum standards
established for water or wastewater facilities by state and federal
regulatory entities and that can be constructed to serve a developed tract
of land that is served by on-site septic systems constructed before
September 1, 2001, that fail to provided adequate services or by on-site
water wells constructed before September 1, 2001, 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 this bill. 

EFFECTIVE DATE

September 1, 2001.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original bill by providing that for a water
or wastewater facility to be exempt from regulation by the municipality,
the facility must meet the minimum standards established for water or
wastewater facilities by state and federal regulatory entities and that the
failing on-site septic systems or onsite water wells serving the water or
wastewater facility's developed tract of land have been constructed before
September 1, 2001.