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. 1-41 * * * * *