By: Wentworth S.B. No. 1596
(Isaac)
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. Subdivision (1), Section 572.051, 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, Local Government Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(a-1) to read as follows:
(a) The governing body of each public entity that
participates in the creation of a public utility agency shall
publish notice of its intention to create the [a public utility]
agency in a newspaper of general circulation in the county in which
the entity is located [domiciled].
(a-1) The governing body of a public entity that proposes to
be added to an existing public utility agency shall publish notice
of its intention to be added to the agency in a newspaper of general
circulation in the county in which the entity is located.
(c) The notice must state:
(1) the date, time, and location at which the
governing body proposes to adopt the concurrent ordinance; and
(2) that a public utility agency will be created or a
public entity will be added to an agency on the date on which the
concurrent ordinances take effect, as applicable.
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. Subsection (a), Section 572.056, Local
Government Code, is amended to read as follows:
(a) If, before the date set for the adoption of a concurrent
ordinance that creates a public utility agency or adds a public
entity to an agency, 10 percent of the registered voters of a public
entity required to publish notice of the creation or addition
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.