| 1 | 1 | | 89R19638 TYPED |
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| 2 | 2 | | By: Schwertner S.B. No. 2872 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to connection reservation contracts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 49.001, Utilities Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 49.001. DEFINITIONS. (a) As used in this chapter: |
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| 14 | 14 | | (1) "District" means any district or authority created |
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| 15 | 15 | | by authority of either Sections 52(b)(1) and (2), Article III, or |
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| 16 | 16 | | Section 59, Article XVI, Texas Constitution, regardless of how |
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| 17 | 17 | | created. The term "district" shall not include any navigation |
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| 18 | 18 | | district or port authority created under general or special law, |
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| 19 | 19 | | any conservation and reclamation district created pursuant to |
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| 20 | 20 | | Chapter 62, Acts of the 52nd Legislature, 1951 (Article 8280-141, |
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| 21 | 21 | | Vernon's Texas Civil Statutes), or any conservation and reclamation |
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| 22 | 22 | | district governed by Chapter 36 unless a special law creating the |
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| 23 | 23 | | district or amending the law creating the district states that this |
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| 24 | 24 | | chapter applies to that district. |
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| 25 | 25 | | (2) "Commission" means the Texas Natural Resource |
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| 26 | 26 | | Conservation Commission. |
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| 27 | 27 | | (3) "Board" means the governing body of a district. |
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| 28 | 28 | | (4) "Executive director" means the executive director |
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| 29 | 29 | | of the commission. |
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| 30 | 30 | | (5) "Water supply corporation" means a nonprofit water |
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| 31 | 31 | | supply or sewer service corporation created or operating under |
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| 32 | 32 | | Chapter 67. |
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| 33 | 33 | | (6) "Director" means either a supervisor or director |
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| 34 | 34 | | appointed or elected to the board. |
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| 35 | 35 | | (7) "Municipal solid waste" has the same meaning |
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| 36 | 36 | | assigned by Section 361.003, Health and Safety Code. |
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| 37 | 37 | | (8) "Special water authority" means a river authority |
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| 38 | 38 | | as that term is defined in Section 30.003, or a district created by |
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| 39 | 39 | | a special Act of the legislature that: |
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| 40 | 40 | | (A) is a provider of water or wastewater service |
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| 41 | 41 | | to two or more municipalities; and |
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| 42 | 42 | | (B) is governed by a board of directors appointed |
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| 43 | 43 | | or designated in whole or in part by the governor, the Texas Water |
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| 44 | 44 | | Development Board, or municipalities within its service area. |
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| 45 | 45 | | (9) "Potable water" means water that has been treated |
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| 46 | 46 | | for public drinking water supply purposes. |
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| 47 | 47 | | (10) "District facility" means tangible real and |
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| 48 | 48 | | personal property of the district, including any plant, equipment, |
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| 49 | 49 | | means, recreational facility as defined by Section 49.462, or |
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| 50 | 50 | | instrumentality owned, leased, operated, used, controlled, |
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| 51 | 51 | | furnished, or supplied for, by, or in connection with the business |
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| 52 | 52 | | or operations of a district. The term specifically includes a |
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| 53 | 53 | | reservoir or easement of a district. |
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| 54 | 54 | | (11) "Connection" means a standardized measure of |
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| 55 | 55 | | consumption, use, generation, or discharge attributable to an |
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| 56 | 56 | | individual unit of development calculated in accordance with |
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| 57 | 57 | | generally accepted engineering, or planning standards. Connections |
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| 58 | 58 | | may be described in terms of single family equivalent connections, |
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| 59 | 59 | | living unit of equivalents, or any other generally accepted unit of |
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| 60 | 60 | | consumption typically attributable to a single family household. |
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| 61 | 61 | | SECTION 2. Subchapter A, Chapter 49, Utilities Code, is |
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| 62 | 62 | | amended by adding Section 49.2131 to read as follows: |
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| 63 | 63 | | Sec. 49.2131. CONTRACTS VALID AND ENFORCEABLE. (a) A |
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| 64 | 64 | | contract between an individual and a municipality or special |
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| 65 | 65 | | utility district created for the purpose of reserving a connection |
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| 66 | 66 | | must include an expiration date of the term of the connection. |
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| 67 | 67 | | (b) The term of a connection may not exceed 10 years from the |
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| 68 | 68 | | date the connection was reserved. |
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| 69 | 69 | | (c) Not less than 30 days before the expiration of the term |
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| 70 | 70 | | of the connection, the municipality or special utility district |
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| 71 | 71 | | must provide notice to the individual who is a party to the contract |
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| 72 | 72 | | of the connection's forthcoming expiration date. |
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| 73 | 73 | | SECTION 3: This Act takes effect September 1, 2025. |
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