| |
| |
| |
|
|
AN ACT
|
|
|
relating to changes in participation in public utility agencies. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subdivision (1), Section 572.051, Local |
|
|
Government Code, is amended to read as follows: |
|
|
(1) "Concurrent ordinance" means an ordinance or |
|
|
resolution adopted under this subchapter by two or more public |
|
|
entities [that relates to the creation or re-creation of a public
|
|
|
utility agency]. |
|
|
SECTION 2. Section 572.053, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 572.053. CHANGES IN PUBLIC ENTITIES PARTICIPATING IN |
|
|
[RE-CREATION OF] PUBLIC UTILITY AGENCY. The public entities that |
|
|
participate in [create] a public utility agency may by concurrent |
|
|
ordinances add [re-create the agency by adding or deleting, or
|
|
|
both,] a public entity to, or delete a public entity from, |
|
|
participation in the public utility agency. |
|
|
SECTION 3. Section 572.054, Local Government Code, is |
|
|
amended by amending Subsections (a) and (c) and adding Subsection |
|
|
(a-1) to read as follows: |
|
|
(a) The governing body of each public entity that |
|
|
participates in the creation of a public utility agency shall |
|
|
publish notice of its intention to create the [a public utility] |
|
|
agency in a newspaper of general circulation in the county in which |
|
|
the entity is located [domiciled]. |
|
|
(a-1) The governing body of a public entity that proposes to |
|
|
be added to an existing public utility agency shall publish notice |
|
|
of its intention to be added to the agency in a newspaper of general |
|
|
circulation in the county in which the entity is located. |
|
|
(c) The notice must state: |
|
|
(1) the date, time, and location at which the |
|
|
governing body proposes to adopt the concurrent ordinance; and |
|
|
(2) that a public utility agency will be created or a |
|
|
public entity will be added to an agency on the date on which the |
|
|
concurrent ordinances take effect, as applicable. |
|
|
SECTION 4. Section 572.055, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 572.055. CONTENTS OF CONCURRENT ORDINANCE. A |
|
|
concurrent ordinance creating a public utility agency under Section |
|
|
572.052 or changing the public entities participating in |
|
|
[re-creating] an agency under Section 572.053 must, as adopted by |
|
|
each public entity: |
|
|
(1) contain identical provisions; |
|
|
(2) define the boundaries of the agency to include the |
|
|
territory within the boundaries of each participating public entity |
|
|
as the boundaries are changed periodically; |
|
|
(3) designate the name of the agency; and |
|
|
(4) designate the number, place, initial term, and |
|
|
manner of appointment of directors in accordance with Section |
|
|
572.057. |
|
|
SECTION 5. Subsection (a), Section 572.056, Local |
|
|
Government Code, is amended to read as follows: |
|
|
(a) If, before the date set for the adoption of a concurrent |
|
|
ordinance that creates a public utility agency or adds a public |
|
|
entity to an agency, 10 percent of the registered voters of a public |
|
|
entity required to publish notice of the creation or addition |
|
|
present a petition to the governing body of the entity requesting |
|
|
that a referendum be called, the ordinance may not take effect |
|
|
unless a majority of the qualified voters of the entity voting in |
|
|
the election have approved the ordinance. |
|
|
SECTION 6. Sections 572.053, 572.054, 572.055, and 572.056, |
|
|
Local Government Code, as amended by this Act, apply only to a |
|
|
public entity that participates in a public utility agency created |
|
|
or changed on or after the effective date of this Act. |
|
|
SECTION 7. 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 hereby certify that S.B. No. 1596 passed the Senate on |
|
|
April 28, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1596 passed the House on |
|
|
May 23, 2011, by the following vote: Yeas 144, Nays 0, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |