Texas 2019 - 86th Regular

Texas Senate Bill SB1551 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7576 SCL-D
2	2	By: Lucio S.B. No. 1551
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a historic structure assistance program operated by a
8	8	municipally owned utility in certain municipalities; authorizing a
9	9	fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 552, Local Government Code, is amended
12	12	by adding Subchapter I to read as follows:
13	13	SUBCHAPTER I. HISTORIC STRUCTURE ASSISTANCE PROGRAM IN CERTAIN
14	14	MUNICIPALITIES
15	15	Sec. 552.151. DEFINITIONS. In this subchapter:
16	16	(1) "Historic structure" means a structure described
17	17	by Sections 442.001(3)(A) and (D), Government Code.
18	18	(2) "Historic structure fee" means a fee charged by a
19	19	municipally owned utility in accordance with this subchapter for
20	20	the purpose of maintaining, operating, and renovating the utility
21	21	systems of certain historic structures.
22	22	(3) "Municipally owned utility" means a utility owned,
23	23	operated, and controlled by a municipality.
24	24	(4) "Program" means a historic structure assistance
25	25	program established under Section 552.158.
26	26	Sec. 552.152. APPLICABILITY OF SUBCHAPTER. This subchapter
27	27	applies only to a municipality:
28	28	(1) operating a municipally owned utility; and
29	29	(2) located in a county that is located on the
30	30	international border.
31	31	Sec. 552.153. HISTORIC STRUCTURE FEE. A municipally owned
32	32	utility may charge a historic structure fee in an amount not to
33	33	exceed $1 each month for the purpose of maintaining, operating, and
34	34	renovating the utility systems of certain historic structures under
35	35	the historic structure assistance program if a majority of
36	36	municipal voters approve the fee in an election held in accordance
37	37	with this subchapter.
38	38	Sec. 552.154. FEE RESOLUTION; ELECTION ORDER. If a
39	39	municipally owned utility proposes a historic structure fee, the
40	40	governing body of a municipality that owns the utility shall:
41	41	(1) adopt a resolution that specifies:
42	42	(A) the amount of the proposed historic structure
43	43	fee;
44	44	(B) the purpose for which the proposed historic
45	45	structure fee is charged; and
46	46	(C) the date on which the municipally owned
47	47	utility proposes to begin charging the proposed historic structure
48	48	fee; and
49	49	(2) order an election on the uniform election date in
50	50	November authorized under Section 41.001, Election Code, to approve
51	51	the historic structure fee.
52	52	Sec. 552.155. NOTICE OF ELECTION. (a) The governing body
53	53	of a municipality shall provide notice of an election for the
54	54	approval of a proposed historic structure fee by publishing a copy
55	55	of the resolution and election order described by Section 552.154
56	56	once a week for two consecutive weeks in a newspaper with general
57	57	circulation in the municipality.
58	58	(b) The notice must be published not earlier than the 30th
59	59	day or later than the 10th day before election day.
60	60	Sec. 552.156. RESULTS OF FEE ELECTION; NOTICE. (a) If a
61	61	majority of municipal voters approve a historic structure fee at an
62	62	election called for that purpose, the municipally owned utility:
63	63	(1) shall provide notice to all affected utility
64	64	customers that contains:
65	65	(A) the election results; and
66	66	(B) information regarding:
67	67	(i) the opt out process; and
68	68	(ii) how the fee is to be used; and
69	69	(2) may begin charging the fee on the date specified in
70	70	the resolution adopted under Section 552.154.
71	71	(b) If a majority of municipal voters do not approve a
72	72	historic structure fee at an election called for that purpose, the
73	73	municipality may not hold another election on the approval of a
74	74	historic structure fee before the first anniversary of the date of
75	75	the election at which the voters did not approve of the fee.
76	76	Sec. 552.157. FEE OPT OUT. If a historic structure fee is
77	77	approved under Section 552.156, a customer of the municipally owned
78	78	utility may provide written notice to the utility that the customer
79	79	elects to opt out of paying the fee. On receipt of the notice, the
80	80	utility may not charge that customer the fee.
81	81	Sec. 552.158. HISTORIC STRUCTURE ASSISTANCE PROGRAM.
82	82	(a) If a historic structure fee is approved under Section 552.156,
83	83	the municipally owned utility shall establish and operate a
84	84	historic structure assistance program in accordance with this
85	85	section. The utility may use the fee only for the purpose of
86	86	operating the program, and the utility may not use more than 10
87	87	percent of the revenue generated by the fee for the purpose of
88	88	paying the program's administrative costs.
89	89	(b) A nonprofit organization or a governmental entity may
90	90	apply to the municipally owned utility to enter into an agreement
91	91	under the program. To be eligible, an applicant must own a historic
92	92	structure that is:
93	93	(1) at least 100 years old; and
94	94	(2) located within the corporate boundaries of the
95	95	municipality.
96	96	(c) A municipally owned utility that receives an
97	97	application under this section as soon as practicable must forward
98	98	a copy of the application to the governing body of the municipality
99	99	that owns the utility and to the Texas Historical Commission. The
100	100	governing body and the commission must jointly determine whether to
101	101	approve the application.
102	102	(d) If an applicant is approved for the program, the
103	103	municipally owned utility and the applicant shall enter into an
104	104	agreement that allows the utility to provide the applicant
105	105	financial assistance in accordance with the program for the purpose
106	106	of promoting the public purpose of preserving historic structures
107	107	by maintaining, operating, or renovating the utility systems of the
108	108	structures. The agreement must include provisions under which the
109	109	municipally owned utility is granted sufficient control to ensure
110	110	that the public purpose is accomplished and the municipality
111	111	receives a return benefit.
112	112	(e) After entering into an agreement under Subsection (d),
113	113	the municipally owned utility shall provide financial assistance
114	114	under the program to the program participant. Money provided under
115	115	the program may be used only for maintaining, operating, or
116	116	renovating the utility systems of the participant's historic
117	117	structure described by Subsection (b). The purposes described by
118	118	this subsection include:
119	119	(1) increasing energy or water efficiency in the
120	120	historic structure;
121	121	(2) promoting energy or water conservation in the
122	122	historic structure; and
123	123	(3) assisting the participant with utility bill
124	124	payments charged by the utility for the historic structure.
125	125	SECTION 2. This Act takes effect September 1, 2019.