| 1 | 1 | | By: Phillips (Senate Sponsor - Deuell) H.B. No. 693 |
|---|
| 2 | 2 | | (In the Senate - Received from the House May 3, 2013; |
|---|
| 3 | 3 | | May 6, 2013, read first time and referred to Committee on Natural |
|---|
| 4 | 4 | | Resources; May 15, 2013, reported favorably by the following vote: |
|---|
| 5 | 5 | | Yeas 9, Nays 0; May 15, 2013, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the authority of a water and sewer utility to collect |
|---|
| 11 | 11 | | voluntary contributions on behalf of a local library. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Sections 13.143(a), (b), and (d), Water Code, |
|---|
| 14 | 14 | | are amended to read as follows: |
|---|
| 15 | 15 | | (a) A utility may implement as part of its billing process a |
|---|
| 16 | 16 | | program under which the utility collects from its customers a |
|---|
| 17 | 17 | | voluntary contribution, including a voluntary membership or |
|---|
| 18 | 18 | | subscription fee, on behalf of a local library, a volunteer fire |
|---|
| 19 | 19 | | department, or an emergency medical service. |
|---|
| 20 | 20 | | (b) A utility that collects contributions under this |
|---|
| 21 | 21 | | section shall provide each customer at the time that the customer |
|---|
| 22 | 22 | | first becomes a customer, and at least annually thereafter, a |
|---|
| 23 | 23 | | written statement: |
|---|
| 24 | 24 | | (1) describing the procedure by which the customer may |
|---|
| 25 | 25 | | make a contribution with the customer's bill payment; |
|---|
| 26 | 26 | | (2) designating the local library, volunteer fire |
|---|
| 27 | 27 | | department, or emergency medical service to which the utility will |
|---|
| 28 | 28 | | deliver the contribution; |
|---|
| 29 | 29 | | (3) informing the customer that a contribution is |
|---|
| 30 | 30 | | voluntary; and |
|---|
| 31 | 31 | | (4) describing the deductibility status of the |
|---|
| 32 | 32 | | contribution under federal income tax law. |
|---|
| 33 | 33 | | (d) The utility shall promptly deliver contributions that |
|---|
| 34 | 34 | | it collects under this section to the designated local library, |
|---|
| 35 | 35 | | volunteer fire department, or emergency medical service, except |
|---|
| 36 | 36 | | that the utility may keep from the contributions an amount equal to |
|---|
| 37 | 37 | | the lesser of: |
|---|
| 38 | 38 | | (1) the utility's expenses in administering the |
|---|
| 39 | 39 | | contribution program; or |
|---|
| 40 | 40 | | (2) five percent of the amount collected as |
|---|
| 41 | 41 | | contributions. |
|---|
| 42 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 46 | 46 | | Act takes effect September 1, 2013. |
|---|
| 47 | 47 | | * * * * * |
|---|