Texas 2017 - 85th Regular

Texas House Bill HB101 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Craddick (Senate Sponsor - Seliger) H.B. No. 101
2		-	(In the Senate - Received from the House March 27, 2017;
3		-	April 6, 2017, read first time and referred to Committee on
4		-	Administration; May 9, 2017, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; May 9, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 101
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the development of and contracting for reclaimed water
12	6		facilities in certain municipalities.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subchapter B, Chapter 552, Local Government
15	9		Code, is amended by adding Section 552.024 to read as follows:
16	10		Sec. 552.024. MUNICIPAL CONTRACT FOR RECLAIMED WATER
17	11		FACILITY IN CERTAIN MUNICIPALITIES. (a) In this section,
18	12		"reclaimed water project" means the design, construction,
19	13		equipment, repair, reconstruction, replacement, expansion,
20	14		operation, or maintenance of:
21	15		(1) a reclaimed water facility with a capacity of not
22	16		less than 10 million gallons per day to be owned by a municipality;
23	17		and
24	18		(2) related infrastructure.
25	19		(b) This section applies only to a home-rule municipality
26	20		that:
27	21		(1) has a population of at least 99,000 and not more
28	22		than 160,000;
29	23		(2) is located in two counties, only one of which has a
30	24		population of at least 132,000 and not more than 170,000; and
31	25		(3) owns and operates a water system, sewer system, or
32	26		combined system.
33	27		(c) A municipality to which this section applies may
34	28		execute, perform, and make payments under a contract with any
35	29		person for the development of a reclaimed water project and the
36	30		provision of water from that project.
37	31		(d) A contract entered into under this section is an
38	32		obligation of the municipality that:
39	33		(1) may provide that:
40	34		(A) the contract is payable from a pledge of the
41	35		revenues of the water system, sewer system, or combined system of
42	36		the municipality; or
43	37		(B) the payments from the municipality are an
44	38		operating expense of the water system, sewer system, or combined
45	39		system of the municipality; and
46	40		(2) may not be made payable from ad valorem taxes.
47	41		(e) A contract entered into under this section may:
48	42		(1) be in the form and on the terms considered
49	43		appropriate by the governing body of the municipality;
50	44		(2) be for the term approved by the governing body of
51	45		the municipality and contain an option to renew or extend the term;
52	46		(3) provide for the design, construction, and
53	47		financing of the reclaimed water project by the person with whom the
54	48		municipality contracts for the development of the reclaimed water
55	49		project; and
56	50		(4) provide for the provision of reclaimed water for
57	51		industrial purposes at specified rates for the term approved by the
58	52		governing body of the municipality as part of the consideration for
59	53		the acquisition of the reclaimed water project by the municipality.
60	54		(f) If a contract entered into under this section provides
61	55		for the design, construction, and financing of the reclaimed water
62	56		project by the person with whom the municipality contracts:
63	57		(1) a contract procurement or delivery requirement
64	58		applicable to the municipality does not apply to the reclaimed
65	59		water project; and
66	60		(2) Chapter 2254, Government Code, does not apply to
67	61		the reclaimed water project.
68	62		(g) Subchapter I, Chapter 271, applies to a written contract
69	63		entered into under this section as if the contract were a contract
70	64		described by Section 271.151(2).
71	65		(h) To the extent of a conflict with another statute or
72	66		municipal charter provision or ordinance, this section controls.
73	67		(i) The validity or enforceability of a contract entered
74	68		into under this section by a municipality is not affected if, after
75	69		the contract is entered into, the municipality no longer meets the
76	70		requirements described by Subsection (b).
77	71		SECTION 2. This Act applies to a contract entered into
78	72		before the effective date of this Act that is made contingent on
79	73		this Act taking effect.
80	74		SECTION 3. This Act takes effect immediately if it receives
81	75		a vote of two-thirds of all the members elected to each house, as
82	76		provided by Section 39, Article III, Texas Constitution. If this
83	77		Act does not receive the vote necessary for immediate effect, this
84	78		Act takes effect September 1, 2017.
85		-	* * * * *
	79	+	______________________________ ______________________________
	80	+	President of the Senate Speaker of the House
	81	+	I certify that H.B. No. 101 was passed by the House on March
	82	+	22, 2017, by the following vote: Yeas 145, Nays 0, 1 present, not
	83	+	voting.
	84	+	______________________________
	85	+	Chief Clerk of the House
	86	+	I certify that H.B. No. 101 was passed by the Senate on May
	87	+	11, 2017, by the following vote: Yeas 31, Nays 0.
	88	+	______________________________
	89	+	Secretary of the Senate
	90	+	APPROVED: _____________________
	91	+	Date
	92	+	_____________________
	93	+	Governor