| |
| |
| |
|
|
AN ACT
|
|
|
relating to exempting certain utility property from impact fees and |
|
|
assessments in certain water districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 49.212, Water Code, is amended by adding |
|
|
Subsections (f), (g), (h), and (i) to read as follows: |
|
|
(f) Except as provided by Subsections (g) and (h), a |
|
|
district may not impose an impact fee, standby fee, or assessment on |
|
|
the property, including the equipment, rights-of-way, easements, |
|
|
facilities, or improvements, of: |
|
|
(1) an electric utility or a power generation company |
|
|
as defined by Section 31.002, Utilities Code; |
|
|
(2) a gas utility as defined by Section 101.003 or |
|
|
121.001, Utilities Code, or a person who owns pipelines used for the |
|
|
transportation or sale of oil or gas or a product or constituent of |
|
|
oil or gas; |
|
|
(3) a person who owns pipelines used for the |
|
|
transportation or sale of carbon dioxide; |
|
|
(4) a telecommunications provider as defined by |
|
|
Section 51.002, Utilities Code; or |
|
|
(5) a cable service provider or video service provider |
|
|
as defined by Section 66.002, Utilities Code. |
|
|
(g) A district may impose an impact fee, standby fee, or |
|
|
assessment on property described by Subsection (f) that is used as |
|
|
office space. |
|
|
(h) A district may impose an impact fee on property |
|
|
described by Subsection (f) on the same terms as the district |
|
|
imposes an impact fee on other property if the owner of the property |
|
|
requests water or sewer services for that property from the |
|
|
district. |
|
|
(i) Subsection (f) does not affect a district's authority to |
|
|
impose an ad valorem tax on property in the boundaries of the |
|
|
district under this chapter or other law. |
|
|
SECTION 2. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3435 was passed by the House on April |
|
|
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 3435 on May 21, 2009, by the following vote: Yeas 143, Nays 0, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 3435 was passed by the Senate, with |
|
|
amendments, on May 18, 2009, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |