By: Hamilton H.B. No. 3435
COMMITTEE SUBSTITUTE FOR H.B. No. 3435By: Jackson By: Jackson
(In the Senate - Received from the House April 23, 2009;
May 1, 2009, read first time and referred to Committee on Natural
Resources; May 14, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 14, 2009, sent to printer.)
A BILL TO BE ENTITLED
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.
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