88R22697 DIO-F     By: Troxclair H.B. No. 4217       A BILL TO BE ENTITLED   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.