By: Estes S.B. No. 1230
A BILL TO BE ENTITLED
AN ACT
relating to the construction and operation of combined heating and
power facilities in certain cities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.002, Local Government Code, by
adding subsections (e) and (f) as follows:
(e) Notwithstanding any municipal charter provision to the
contrary, a home rule city may buy, own, construct, maintain, and
operate a combined heating and power system or plant with related
infrastructure, and may sell energy commodities from such system,
plant, or infrastructure, including but not limited to,
electricity, chilled water, steam, or gas in a Combined Heating and
Power Economic Development District so designated and defined by
the governing body of the municipality, which shall be at a distance
of no greater than three miles from the combined heating and power
plant, and which is wholly located within the corporate boundaries
of the municipality.
(f) Subsection (e) only applies to a home rule city that:
(1) has a population that is greater than 100,000;
(2) owns and operates a municipally owned electric
utility that is a member of a Texas municipal power agency; and
(3) is located adjacent to a county with a population
that is greater than two million.
SECTION 2. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.