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