Amend CSHB 4 by adding the following appropriately numbered
article and sections and renumbering the existing articles as
appropriate:
               ARTICLE __.  CERTAIN FEE LIMITATIONS
      SECTION __.  (a)  Section 182.025, Tax Code, is amended by
adding Subsections (d) and (e) to read as follows:
      (d)  A city or town may not collect a fee described by
Subsection (a) after the second anniversary of the date the fee
becomes due, except through judicial proceedings filed in
accordance with Subsection (e).
      (e)  If the city or town seeks judicial relief to collect a
fee, the action must be filed not later than the second anniversary
of the date the fee becomes due.
      (b)  The change in law made by this section, relating to when
a cause of action must be filed in a court, applies only to a cause
of action that is filed on or after the effective date of this
section.
      SECTION __.  Section 182.026(b), Tax Code, is amended to read
as follows:
      (b)  This subchapter does not:
            (1)  affect collection of ad valorem taxes; or
            (2)  except as provided by Section 182.025, impair or
alter a provision of a contract, agreement, or franchise made
between a city and a public utility company relating to a payment
made to the city.
      SECTION ____.  (a)  Subchapter Z, Chapter 311, Transportation
Code, is amended by adding Section 311.905 to read as follows:
      Sec. 311.905.  STATUTE OF LIMITATIONS ON THE COLLECTION OF
CERTAIN FEES FOR THE USE OF MUNICIPAL STREETS.  (a)  A municipality
may not collect a fee relating to a contract, agreement, or
franchise between the municipality and a public utility for the use
of a municipal street, alley, or public way by the public utility
in the course of its business after the fourth anniversary of the
date the fee becomes due except through judicial proceedings filed
in accordance with Subsection (c).
      (b)  A municipality may not collect from the owner of an
interurban pipeline a fee for the use of a municipal street, alley,
or public way to place, construct, maintain, repair, replace,
operate, use, or remove the pipeline after the fourth anniversary
of the date the fee becomes due except through judicial proceedings
filed in accordance with Subsection (c).
      (c)  If a municipality seeks judicial relief to collect a fee
described by Subsection (a) or (b), the action must be filed not
later than the fourth anniversary of the date the fee becomes due.
      (d)  In this section, "interurban pipeline" means a line of
pipe that conveys petroleum products, chemical products, crude oil,
hazardous liquids, or natural gas on, along, under, over, or across
a public right-of-way that passes through a municipality.
      (b)  The change in law made by this section, relating to when
a cause of action must be filed in a court, applies only to a cause
of action that is filed on or after the effective date of this
section.
      SECTION __.  Chapter 253, Local Government Code, is amended
by adding Section 253.009 to read as follows:
      Sec. 253.009.  FEES FOR USE OF PUBLIC RIGHT-OF-WAY.  A
municipality may impose a reasonable fee on the owner or operator
of a pipeline located on, along, under, over, or across a public
right-of-way in the municipality.
      SECTION __.  This article takes effect September 1, 1997.