| |
| |
| |
|
|
AN ACT
|
|
|
relating to a bill payment assistance program, and the authority of |
|
|
the board of trustees to set rates, for certain municipal utility |
|
|
systems. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. (a) Section 1502.056(a), Government Code, is |
|
|
amended to read as follows: |
|
|
(a) If the revenue of a utility system, park, or swimming |
|
|
pool secures the payment of public securities issued or obligations |
|
|
incurred under this chapter, each expense of operation and |
|
|
maintenance, including all salaries, labor, materials, interest, |
|
|
repairs and extensions necessary to provide efficient service, and |
|
|
each proper item of expense, is a first lien against that |
|
|
revenue. For a municipality with a population of more than one |
|
|
million but less than two million, the first lien against the |
|
|
revenue of a municipally owned [electric or gas] utility system |
|
|
that secures the payment of public securities issued or obligations |
|
|
incurred under this chapter also applies to funding, as a necessary |
|
|
operations expense, for a bill payment assistance program for |
|
|
utility system customers who have been threatened with |
|
|
disconnection from service for nonpayment of bills and who have |
|
|
been determined by the municipality to be low-income customers. |
|
|
(b) Notwithstanding any other provision of this Act, this |
|
|
section takes effect immediately if this Act 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 section takes |
|
|
effect September 1, 2011. |
|
|
SECTION 2. Section 552.141, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 552.141. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
|
applies only to a home-rule municipality that owns or may own a |
|
|
water, wastewater, storm water, or drainage utility system, by |
|
|
ordinance or charter elects to have the management and control of |
|
|
two or more of those utility systems governed by this subchapter, |
|
|
and: |
|
|
(1) has outstanding obligations payable solely from |
|
|
and secured by a lien on and pledge of the net revenue of one or more |
|
|
of those systems; or |
|
|
(2) issues obligations that are payable solely from |
|
|
and secured by a lien on and pledge of the net revenue of one or more |
|
|
of those systems. |
|
|
SECTION 3. Section 552.142(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) A municipality by ordinance may transfer management and |
|
|
control of two or more of its water, wastewater, storm water, or |
|
|
drainage systems to a board of trustees. A municipality by |
|
|
ordinance may grant the board authority to set rates and related |
|
|
terms for the systems. |
|
|
SECTION 4. 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, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2207 was passed by the House on April |
|
|
7, 2011, by the following vote: Yeas 140, Nays 4, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2207 on May 26, 2011, by the following vote: Yeas 142, Nays 0, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2207 was passed by the Senate, with |
|
|
amendments, on May 23, 2011, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |