Texas 2009 - 81st Regular

Texas House Bill HB4728 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4728
2	2
3	3
4	4	AN ACT
5	5	relating to the Parker County Utility District No. 1.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 7208.001, Special District Local Laws
8	8	Code, is amended by amending Subdivisions (3), (7), and (8) and
9	9	adding Subdivisions (5-a), (7-a), and (8-a) to read as follows:
10	10	(3) "Customer" means a wholesale or direct retail user
11	11	of water, wastewater, or other services provided by the district.
12	12	(5-a) "Enterprise fund" means a fund used to account
13	13	for operations:
14	14	(A) that are financed and operated in a manner
15	15	similar to a private business enterprise and for which the intent of
16	16	the board is that the costs, including depreciation, of providing
17	17	goods or services to the public on a continuing basis be financed or
18	18	recovered primarily through user charges; or
19	19	(B) for which the board has decided that periodic
20	20	determination of revenues earned, expenses incurred, or net income
21	21	earned is appropriate for capital maintenance, public policy,
22	22	management control, accountability, or other purposes.
23	23	(7) "Member entity" means a public entity or private
24	24	utility entity that:
25	25	(A) provides retail utility service or regulates
26	26	water, wastewater, sewage, or solid waste in the district; and
27	27	(B) enters into a contract with the district to
28	28	provide or receive wholesale [for] service.
29	29	(7-a) "Operating unit" means a separately run unit
30	30	established by action of the board that runs as an enterprise fund
31	31	separate from other enterprise funds owned or operated by the
32	32	district.
33	33	(8) "Participant entity" means a public entity or
34	34	private utility entity that:
35	35	(A) provides utility service inside the
36	36	boundaries of the entity; and
37	37	(B) contracts with the district for the
38	38	construction of and payment for water, wastewater, or other utility
39	39	service projects to be financed or provided by the district.
40	40	(8-a) "Retail unit" means any unit in which the
41	41	district provides retail service for a given certificate of public
42	42	convenience and necessity or bounded service area. Each retail
43	43	unit shall be considered an operating unit.
44	44	SECTION 2. Section 7208.003, Special District Local Laws
45	45	Code, is amended to read as follows:
46	46	Sec. 7208.003. PURPOSE. The district is created to:
47	47	(1) purchase, own, hold, lease, or otherwise acquire
48	48	water distribution facilities, wastewater collection facilities,
49	49	or other facilities required to facilitate the district's
50	50	operations;
51	51	(2) build, operate, and maintain facilities to treat,
52	52	[and] transport, and store water, wastewater, or other products
53	53	necessary for district operations;
54	54	(3) protect, preserve, and restore the purity and
55	55	sanitary condition of water in the district; and
56	56	(4) provide other utilities in the district if the
57	57	utilities are not otherwise provided.
58	58	SECTION 3. Section 7208.116, Special District Local Laws
59	59	Code, is amended to read as follows:
60	60	Sec. 7208.116. CUSTOMER ADVISORY COUNCILS [COUNCIL]. (a)
61	61	For each operating unit, the [The] board may establish a customer
62	62	advisory council that consists of one representative of each
63	63	wholesale customer or retail unit of the district.
64	64	(b) For each retail unit, the board may establish a customer
65	65	advisory council that consists of five members appointed by the
66	66	retail customers of the unit in accordance with the laws applicable
67	67	to and rules of the district. An advisory council member must
68	68	reside in the service area of the retail unit.
69	69	(c) [(b)] A representative serving on a [the] customer
70	70	advisory council:
71	71	(1) has the powers and duties provided in the bylaws
72	72	and rules of the district; and
73	73	(2) may not vote on any matter considered by the board.
74	74	(d) [(c)] The board may abolish a [the] customer advisory
75	75	council.
76	76	SECTION 4. Section 7208.154, Special District Local Laws
77	77	Code, is amended to read as follows:
78	78	Sec. 7208.154. GENERAL WASTE AND WATER POWERS. The
79	79	district may:
80	80	(1) provide for:
81	81	(A) the collection, construction, improvement,
82	82	maintenance, and operation of wholesale or retail wastewater and
83	83	water systems and treatment works necessary to provide wholesale or
84	84	retail service to customers; and
85	85	(B) the acquisition, construction, improvement,
86	86	and maintenance of a water supply or reservoir, or an interest in a
87	87	water supply or reservoir, necessary to exercise and fulfill the
88	88	powers and duties of the district;
89	89	(2) supply water for municipal, domestic, and
90	90	industrial or other beneficial uses or controls;
91	91	(3) collect, treat, process, dispose of, and control
92	92	all domestic or industrial wastes, whether in fluid, solid, or
93	93	composite state;
94	94	(4) gather, conduct, divert, control, and treat local
95	95	storm water or local harmful excesses of water in the district; and
96	96	(5) irrigate and alter land elevations in the district
97	97	as needed.
98	98	SECTION 5. The heading to Section 7208.157, Special
99	99	District Local Laws Code, is amended to read as follows:
100	100	Sec. 7208.157. CONTRACTS WITH DISTRICT FOR WATER,
101	101	WASTEWATER, AND OTHER UTILITY SERVICES.
102	102	SECTION 6. Sections 7208.157(a), (b), and (c), Special
103	103	District Local Laws Code, are amended to read as follows:
104	104	(a) Except as provided by Subsection (b), this chapter does
105	105	not require a customer or prospective customer of the district to
106	106	secure water, wastewater, or other utility service from the
107	107	district unless the customer or prospective customer contracts with
108	108	the district for that purpose.
109	109	(b) A customer or prospective customer is required to secure
110	110	water, wastewater, or other utility service from the district if:
111	111	(1) the customer or prospective customer is not
112	112	receiving the service from another source; and
113	113	(2) the district provides the service or determines
114	114	that the district will make the service available to the customer or
115	115	prospective customer.
116	116	(c) If a customer contracts with the district to secure
117	117	water, wastewater, or other utility service from the district, a
118	118	user of the service under the contract must connect to the
119	119	district's service system if:
120	120	(1) the user is located inside the boundaries of the
121	121	customer; and
122	122	(2) the district's system is available for connection
123	123	at or near the property line of the user.
124	124	SECTION 7. Section 7208.201, Special District Local Laws
125	125	Code, is amended to read as follows:
126	126	Sec. 7208.201. AUDITS. All funds and accounts of the
127	127	district shall be audited annually by an independent auditor. The
128	128	district shall maintain a copy of the audit in the district's
129	129	official records.
130	130	SECTION 8. (a) The legal notice of the intention to
131	131	introduce this Act, setting forth the general substance of this
132	132	Act, has been published as provided by law, and the notice and a
133	133	copy of this Act have been furnished to all persons, agencies,
134	134	officials, or entities to which they are required to be furnished
135	135	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
136	136	Government Code.
137	137	(b) The governor has submitted the notice and Act to the
138	138	Texas Commission on Environmental Quality.
139	139	(c) The Texas Commission on Environmental Quality has filed
140	140	its recommendations relating to this Act with the governor,
141	141	lieutenant governor, and speaker of the house of representatives
142	142	within the required time.
143	143	(d) All requirements of the constitution and laws of this
144	144	state and the rules and procedures of the legislature with respect
145	145	to the notice, introduction, and passage of this Act are fulfilled
146	146	and accomplished.
147	147	SECTION 9. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2009.
152	152	______________________________ ______________________________
153	153	President of the Senate Speaker of the House
154	154	I certify that H.B. No. 4728 was passed by the House on May 5,
155	155	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
156	156	voting; and that the House concurred in Senate amendments to H.B.
157	157	No. 4728 on May 29, 2009, by the following vote: Yeas 141, Nays 0,
158	158	2 present, not voting.
159	159	______________________________
160	160	Chief Clerk of the House
161	161	I certify that H.B. No. 4728 was passed by the Senate, with
162	162	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
163	163	0.
164	164	______________________________
165	165	Secretary of the Senate
166	166	APPROVED: __________________
167	167	Date
168	168	__________________
169	169	Governor