82R13517 TJB-F
By: Wentworth S.B. No. 1596
A BILL TO BE ENTITLED
AN ACT
relating to changes in participation in public utility agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 572.051(1), Local Government Code, is
amended to read as follows:
(1) "Concurrent ordinance" means an ordinance or
resolution adopted under this subchapter by two or more public
entities [that relates to the creation or re-creation of a public
utility agency].
SECTION 2. Section 572.053, Local Government Code, is
amended to read as follows:
Sec. 572.053. CHANGES IN PUBLIC ENTITIES PARTICIPATING IN
[RE-CREATION OF] PUBLIC UTILITY AGENCY. The public entities that
participate in [create] a public utility agency may by concurrent
ordinances add [re-create the agency by adding or deleting, or
both,] a public entity to, or delete a public entity from,
participation in the public utility agency.
SECTION 3. Section 572.054(a), Local Government Code, is
amended to read as follows:
(a) The governing body of each public entity shall publish
notice of its intention to create or be added to a public utility
agency in a newspaper of general circulation in the county in which
the entity is domiciled.
SECTION 4. Section 572.055, Local Government Code, is
amended to read as follows:
Sec. 572.055. CONTENTS OF CONCURRENT ORDINANCE. A
concurrent ordinance creating a public utility agency under Section
572.052 or changing the public entities participating in
[re-creating] an agency under Section 572.053 must, as adopted by
each public entity:
(1) contain identical provisions;
(2) define the boundaries of the agency to include the
territory within the boundaries of each participating public entity
as the boundaries are changed periodically;
(3) designate the name of the agency; and
(4) designate the number, place, initial term, and
manner of appointment of directors in accordance with Section
572.057.
SECTION 5. Section 572.056(a), Local Government Code, is
amended to read as follows:
(a) If, before the date set for the adoption of a concurrent
ordinance that creates or adds a public entity to the public agency,
10 percent of the registered voters of a public entity present a
petition to the governing body of the entity requesting that a
referendum be called, the ordinance may not take effect unless a
majority of the qualified voters of the entity voting in the
election have approved the ordinance.
SECTION 6. Sections 572.053, 572.054, 572.055, and 572.056,
Local Government Code, as amended by this Act, apply only to a
public entity that participates in a public utility agency created
or changed on or after the effective date of this Act.
SECTION 7. 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.