Texas 2017 - 85th Regular

Texas House Bill HB2369 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Nevárez (Senate Sponsor - Lucio) H.B. No. 2369
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 8, 2017, read first time and referred to Committee on
4		-	Agriculture, Water & Rural Affairs; May 18, 2017, reported
5		-	favorably by the following vote: Yeas 5, Nays 0; May 18, 2017, sent
6		-	to printer.)
	1	+	H.B. No. 2369
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to municipal fees charged to public school districts for
12	6		water and sewer service.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. The legislature finds that the imposition of
15	9		fees for water service that are based on the number of students or
16	10		employees of a public school district diverts to other purposes
17	11		money appropriated in accordance with Section 1, Article VII, Texas
18	12		Constitution, for the education of students. For that reason, the
19	13		imposition of fees on those bases by a political subdivision
20	14		violates the Texas Constitution.
21	15		SECTION 2. The heading to Section 13.044, Water Code, is
22	16		amended to read as follows:
23	17		Sec. 13.044. RATES CHARGED BY MUNICIPALITY TO CERTAIN
24	18		SPECIAL DISTRICTS [DISTRICT].
25	19		SECTION 3. Subchapter C, Chapter 13, Water Code, is amended
26	20		by adding Section 13.0441 to read as follows:
27	21		Sec. 13.0441. FEES CHARGED BY MUNICIPALITY TO PUBLIC SCHOOL
28	22		DISTRICTS. (a) This section applies only to fees charged by a
29	23		municipality for water or sewer service to a public school
30	24		district.
31	25		(b) Notwithstanding the provisions of a resolution,
32	26		ordinance, or agreement, a public school district charged a fee
33	27		that violates Section 13.088 may appeal the charge by filing a
34	28		petition with the utility commission. The utility commission shall
35	29		hear the appeal de novo, and the municipality charging the fee has
36	30		the burden of proof to establish that the fee complies with Section
37	31		13.088. The utility commission shall fix the fees to be charged by
38	32		the municipality in accordance with this chapter, including Section
39	33		13.088.
40	34		SECTION 4. Subchapter D, Chapter 13, Water Code, is amended
41	35		by adding Section 13.088 to read as follows:
42	36		Sec. 13.088. MUNICIPAL FEES FOR PUBLIC SCHOOL DISTRICTS. A
43	37		municipally owned utility that provides retail water or sewer
44	38		utility service to a public school district may not charge the
45	39		district a fee based on the number of district students or employees
46	40		in addition to the rates the utility charges the district for the
47	41		service.
48	42		SECTION 5. This Act takes effect immediately if it receives
49	43		a vote of two-thirds of all the members elected to each house, as
50	44		provided by Section 39, Article III, Texas Constitution. If this
51	45		Act does not receive the vote necessary for immediate effect, this
52	46		Act takes effect September 1, 2017.
53		-	* * * * *
	47	+	______________________________ ______________________________
	48	+	President of the Senate Speaker of the House
	49	+	I certify that H.B. No. 2369 was passed by the House on May 4,
	50	+	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
	51	+	voting.
	52	+	______________________________
	53	+	Chief Clerk of the House
	54	+	I certify that H.B. No. 2369 was passed by the Senate on May
	55	+	23, 2017, by the following vote: Yeas 31, Nays 0.
	56	+	______________________________
	57	+	Secretary of the Senate
	58	+	APPROVED: _____________________
	59	+	Date
	60	+	_____________________
	61	+	Governor