| 1 | | - | By: Springer (Senate Sponsor - Perry) H.B. No. 965 |
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| 2 | | - | (In the Senate - Received from the House April 27, 2017; |
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| 3 | | - | May 4, 2017, read first time and referred to Committee on |
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| 4 | | - | Agriculture, Water & Rural Affairs; May 16, 2017, reported |
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| 5 | | - | favorably by the following vote: Yeas 7, Nays 0; May 16, 2017, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 965 |
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| 11 | 4 | | AN ACT |
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| 12 | 5 | | relating to the authority of a retail public water utility to |
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| 13 | 6 | | require an operator of a correctional facility to comply with water |
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| 14 | 7 | | conservation measures. |
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| 15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 9 | | SECTION 1. Subchapter E, Chapter 13, Water Code, is amended |
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| 17 | 10 | | by adding Section 13.1461 to read as follows: |
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| 18 | 11 | | Sec. 13.1461. CORRECTIONAL FACILITY COMPLIANCE WITH |
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| 19 | 12 | | CONSERVATION MEASURES. (a) This section applies only to a |
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| 20 | 13 | | correctional facility operated by the Texas Department of Criminal |
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| 21 | 14 | | Justice or operated under contract with that department. |
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| 22 | 15 | | (b) Except as provided by Subsection (c), a retail public |
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| 23 | 16 | | utility may require the operator of a correctional facility that |
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| 24 | 17 | | receives retail water or sewer utility service from the retail |
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| 25 | 18 | | public utility to comply with water conservation measures adopted |
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| 26 | 19 | | or implemented by the retail public utility. |
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| 27 | 20 | | (c) A correctional facility is not required to comply with a |
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| 28 | 21 | | water conservation measure under Subsection (b) if the operator of |
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| 29 | 22 | | the correctional facility submits to the retail public utility a |
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| 30 | 23 | | written statement from the Texas Department of Criminal Justice |
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| 31 | 24 | | that states that the measure would endanger health and safety at the |
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| 32 | 25 | | facility or unreasonably increase the costs of operating the |
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| 33 | 26 | | facility. |
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| 34 | 27 | | (d) If a retail public utility suspends a water conservation |
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| 35 | 28 | | measure and later implements the same measure, the operator of a |
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| 36 | 29 | | correctional facility that received an exemption from the original |
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| 37 | 30 | | measure under Subsection (c) must submit a new written statement |
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| 38 | 31 | | from the Texas Department of Criminal Justice to obtain an |
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| 39 | 32 | | exemption under Subsection (c) from the newly implemented measure. |
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| 40 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 37 | | Act takes effect September 1, 2017. |
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| 45 | | - | * * * * * |
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| 38 | + | ______________________________ ______________________________ |
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| 39 | + | President of the Senate Speaker of the House |
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| 40 | + | I certify that H.B. No. 965 was passed by the House on April |
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| 41 | + | 26, 2017, by the following vote: Yeas 143, Nays 5, 1 present, not |
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| 42 | + | voting. |
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| 43 | + | ______________________________ |
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| 44 | + | Chief Clerk of the House |
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| 45 | + | I certify that H.B. No. 965 was passed by the Senate on May |
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| 46 | + | 19, 2017, by the following vote: Yeas 31, Nays 0. |
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| 47 | + | ______________________________ |
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| 48 | + | Secretary of the Senate |
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| 49 | + | APPROVED: _____________________ |
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| 50 | + | Date |
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| 51 | + | _____________________ |
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| 52 | + | Governor |
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