89R3929 SCF-D
 
  By: Hinojosa S.B. No. 448
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain cost sharing requirements for a desalination
  facility operating under a public-private partnership.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 2267, Government Code, is
  amended by adding Section 2267.067 to read as follows:
         Sec. 2267.067.  COST SHARING REQUIREMENTS FOR CERTAIN
  QUALIFYING PROJECTS. (a)  Subject to Subsection (b), a
  comprehensive agreement or service contract for a qualifying
  project authorizing the operation of a desalination facility,
  including a brackish water desalination facility, shall require a
  private entity to pay at least 50 percent of the energy costs to
  operate the facility.
         (b)  This section applies only after a desalination facility
  charges the first customer for water produced by the facility. 
         SECTION 2.  Section 2267.067, Government Code, as added by
  this Act, applies only to a comprehensive agreement or service
  contract executed for a qualifying project authorizing the
  operation of a desalination facility that begins charging customers
  for water produced by the facility on or after the effective date of
  this Act.  A comprehensive agreement or service contract executed
  for the operation of a desalination facility that began charging
  customers for water produced by the facility before the effective
  date of this Act is governed by the law in effect on the date the
  agreement or contract was entered into, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2025.