| 1 | 1 | | 83R6982 DDT-F |
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| 2 | 2 | | By: Oliveira, Lucio III H.B. No. 1687 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the composition and powers of a governing body in |
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| 8 | 8 | | certain municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1502.070(a), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) Management and control of a utility system may be vested |
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| 13 | 13 | | in: |
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| 14 | 14 | | (1) the municipality's governing body; or |
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| 15 | 15 | | (2) a board of trustees named in the proceedings |
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| 16 | 16 | | adopted by the municipality and consisting of not more than: |
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| 17 | 17 | | (A) five members, one of whom must be the mayor of |
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| 18 | 18 | | the municipality; [or] |
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| 19 | 19 | | (B) seven members, one of whom must be the mayor |
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| 20 | 20 | | of the municipality, if the municipality is located in a county: |
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| 21 | 21 | | (i) with a population of at least 800,000; |
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| 22 | 22 | | and |
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| 23 | 23 | | (ii) that is located on an international |
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| 24 | 24 | | border; or |
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| 25 | 25 | | (C) seven members, one of whom must be the mayor |
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| 26 | 26 | | of the municipality, if the municipality is located in a county: |
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| 27 | 27 | | (i) with a population of at least 375,000; |
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| 28 | 28 | | (ii) that is located on an international |
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| 29 | 29 | | border; and |
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| 30 | 30 | | (iii) that borders the Gulf of Mexico. |
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| 31 | 31 | | SECTION 2. Subchapter Z, Chapter 552, Local Government |
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| 32 | 32 | | Code, is amended by adding Section 552.914 to read as follows: |
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| 33 | 33 | | Sec. 552.914. UTILITY CONTRACTS FOR CERTAIN |
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| 34 | 34 | | MUNICIPALITIES. (a) In this section, "utility system" means an |
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| 35 | 35 | | electric, water, sewer, solid waste disposal, drainage utility, or |
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| 36 | 36 | | natural gas system, or any combination of those systems. |
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| 37 | 37 | | (b) This section applies only to a municipality described by |
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| 38 | 38 | | Section 1502.070(a)(2)(C), Government Code. |
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| 39 | 39 | | (c) Notwithstanding any limitation provided by a home rule |
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| 40 | 40 | | charter, the governing body, board of trustees, or other entity |
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| 41 | 41 | | vested with the management and control of the municipality's |
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| 42 | 42 | | utility system may contract for the purchase of electricity under |
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| 43 | 43 | | terms the governing body, board of trustees, or other entity |
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| 44 | 44 | | considers appropriate. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2013. |
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