| 1 | 1 | | By: Turner of Harris (Senate Sponsor - Hegar) H.B. No. 4218 |
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| 2 | 2 | | (In the Senate - Received from the House May 18, 2009; |
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| 3 | 3 | | May 19, 2009, read first time and referred to Committee on Natural |
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| 4 | 4 | | Resources; May 23, 2009, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 9, Nays 0; May 23, 2009, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to representation in a court proceeding involving a retail |
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| 11 | 11 | | public utility providing water or sewer service. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 13.042, Water Code, is amended by adding |
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| 14 | 14 | | Subsection (a-1) to read as follows: |
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| 15 | 15 | | (a-1) If a municipality exercises its jurisdiction under |
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| 16 | 16 | | Subsection (a), the municipal attorney or other appropriate |
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| 17 | 17 | | attorney representing the municipality shall represent the |
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| 18 | 18 | | municipality under this chapter in all matters before the state |
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| 19 | 19 | | courts and any court of the United States. |
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| 20 | 20 | | SECTION 2. The changes in law made by this Act to Section |
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| 21 | 21 | | 13.042, Water Code, apply only to a court proceeding that commences |
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| 22 | 22 | | on or after the effective date of this Act. A court proceeding that |
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| 23 | 23 | | commences before the effective date of this Act is subject to the |
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| 24 | 24 | | law in effect on the date the proceeding was commenced, and that law |
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| 25 | 25 | | is continued in effect for that purpose. |
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| 26 | 26 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 27 | 27 | | * * * * * |
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