83R6982 DDT-F By: Oliveira, Lucio III H.B. No. 1687 A BILL TO BE ENTITLED AN ACT relating to the composition and powers of a governing body in certain municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1502.070(a), Government Code, is amended to read as follows: (a) Management and control of a utility system may be vested in: (1) the municipality's governing body; or (2) a board of trustees named in the proceedings adopted by the municipality and consisting of not more than: (A) five members, one of whom must be the mayor of the municipality; [or] (B) seven members, one of whom must be the mayor of the municipality, if the municipality is located in a county: (i) with a population of at least 800,000; and (ii) that is located on an international border; or (C) seven members, one of whom must be the mayor of the municipality, if the municipality is located in a county: (i) with a population of at least 375,000; (ii) that is located on an international border; and (iii) that borders the Gulf of Mexico. SECTION 2. Subchapter Z, Chapter 552, Local Government Code, is amended by adding Section 552.914 to read as follows: Sec. 552.914. UTILITY CONTRACTS FOR CERTAIN MUNICIPALITIES. (a) In this section, "utility system" means an electric, water, sewer, solid waste disposal, drainage utility, or natural gas system, or any combination of those systems. (b) This section applies only to a municipality described by Section 1502.070(a)(2)(C), Government Code. (c) Notwithstanding any limitation provided by a home rule charter, the governing body, board of trustees, or other entity vested with the management and control of the municipality's utility system may contract for the purchase of electricity under terms the governing body, board of trustees, or other entity considers appropriate. SECTION 3. 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, 2013.