| 1 | 1 | | H.B. No. 3435 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to exempting certain utility property from impact fees and |
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| 6 | 6 | | assessments in certain water districts. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 49.212, Water Code, is amended by adding |
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| 9 | 9 | | Subsections (f), (g), (h), and (i) to read as follows: |
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| 10 | 10 | | (f) Except as provided by Subsections (g) and (h), a |
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| 11 | 11 | | district may not impose an impact fee, standby fee, or assessment on |
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| 12 | 12 | | the property, including the equipment, rights-of-way, easements, |
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| 13 | 13 | | facilities, or improvements, of: |
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| 14 | 14 | | (1) an electric utility or a power generation company |
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| 15 | 15 | | as defined by Section 31.002, Utilities Code; |
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| 16 | 16 | | (2) a gas utility as defined by Section 101.003 or |
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| 17 | 17 | | 121.001, Utilities Code, or a person who owns pipelines used for the |
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| 18 | 18 | | transportation or sale of oil or gas or a product or constituent of |
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| 19 | 19 | | oil or gas; |
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| 20 | 20 | | (3) a person who owns pipelines used for the |
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| 21 | 21 | | transportation or sale of carbon dioxide; |
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| 22 | 22 | | (4) a telecommunications provider as defined by |
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| 23 | 23 | | Section 51.002, Utilities Code; or |
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| 24 | 24 | | (5) a cable service provider or video service provider |
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| 25 | 25 | | as defined by Section 66.002, Utilities Code. |
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| 26 | 26 | | (g) A district may impose an impact fee, standby fee, or |
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| 27 | 27 | | assessment on property described by Subsection (f) that is used as |
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| 28 | 28 | | office space. |
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| 29 | 29 | | (h) A district may impose an impact fee on property |
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| 30 | 30 | | described by Subsection (f) on the same terms as the district |
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| 31 | 31 | | imposes an impact fee on other property if the owner of the property |
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| 32 | 32 | | requests water or sewer services for that property from the |
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| 33 | 33 | | district. |
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| 34 | 34 | | (i) Subsection (f) does not affect a district's authority to |
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| 35 | 35 | | impose an ad valorem tax on property in the boundaries of the |
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| 36 | 36 | | district under this chapter or other law. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 38 | 38 | | ______________________________ ______________________________ |
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| 39 | 39 | | President of the Senate Speaker of the House |
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| 40 | 40 | | I certify that H.B. No. 3435 was passed by the House on April |
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| 41 | 41 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 42 | 42 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 43 | 43 | | No. 3435 on May 21, 2009, by the following vote: Yeas 143, Nays 0, |
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| 44 | 44 | | 2 present, not voting. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Chief Clerk of the House |
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| 47 | 47 | | I certify that H.B. No. 3435 was passed by the Senate, with |
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| 48 | 48 | | amendments, on May 18, 2009, by the following vote: Yeas 31, Nays |
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| 49 | 49 | | 0. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | APPROVED: __________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | __________________ |
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| 55 | 55 | | Governor |
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