1-1  By:  Yarbrough (Senate Sponsor - Whitmire)            H.B. No. 1783
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 16, 1995, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 17, 1995, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 10,
    1-6  Nays 0; May 17, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 1783                By:  Whitmire
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the authority to charge a fee for installing or
   1-11  replacing water, sewer lines or other devices.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13  SECTION 1.  Subchapter G, Chapter 13, Water Code, is amended by
   1-14  adding Section 13.256 to read as follows:
   1-15        Sec. 13.256.  COUNTY FEE.  (a)  Notwithstanding an other
   1-16  provision of law, a county with a population of more than 2.8
   1-17  million may not charge a water and sewer utility a fee for the
   1-18  privilege of installing or replacing a water or sewer line in the
   1-19  county's right-of-way.
   1-20        (b)  This section does not affect a franchise agreement or
   1-21  other contract entered into before September 1, 1995.
   1-22  SECTION 2.  Chapter 13, Water Code, is amended by adding Subchapter
   1-23  O to read as follows:  SUBCHAPTER O.  NON-CONSUMPTIVE WATER SERVICE
   1-24  FEE.
   1-25        (a)  A retail public utility may provide non-consumptive
   1-26  water service for the operation of a geothermal heat pump that
   1-27  circulates the water in a closed loop and returns it to the water
   1-28  main.
   1-29        (b)  A retail public utility that provides water service may
   1-30  adopt reasonable rules and procedures for the installation,
   1-31  operation, and removal of a geothermal heat pump.
   1-32        (c)  A retail public utility that provides water service to a
   1-33  geothermal heat pump may charge a reasonable fee for the
   1-34  installation, inspection, and operation of the heat pump.
   1-35  SECTION 3.  This Act takes effect September 1, 1995.
   1-36  SECTION 4.  The importance of this legislation and the crowded
   1-37  condition of the calendars in both houses create an emergency and
   1-38  an imperative public necessity that the constitutional rule
   1-39  requiring bills to be read on three several days in each house be
   1-40  suspended, and this rule is hereby suspended.
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