JWB C.S.H.B. 1515 75(R)BILL ANALYSIS


WAYS & MEANS
C.S.H.B. 1515
By: Thompson
4-25-97
Committee Report (Substituted)



BACKGROUND 

Section 182.025, Tax Code (Charges by a City), states that municipalities
have the right to collect a fee from public utilities for the use of a
city street, alley or public way.  Some municipalities may not have
collected these fees for some time and, therefore, may issue bills to
utility companies for several years of fees. 

PURPOSE

This bill would limit the time a municipality has to collect fees for the
use of city street, alley, or public way, to two years from the date the
fee is due.  It also limits the time a municipality has to collect these
fees from the owner of an interurban pipeline, to four years from the date
the fee is due. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 182.025, Tax Code (Charges by a City) by adding
Subsections (d) and (e) as follows: 

(d)  Provides that a municipality may not collect city street, alley or
public way fees more than two years after the fee becomes due except for
judicial proceedings. 

(e)  Provides that any judicial relief to collect fees must be filed
within two years of the date the fee becomes due. 

SECTION 2. Amends Subchapter Z, Chapter 311, Transportation Code, by
adding Section 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 with a public utility for the use of a street,
alley, or public way after the fourth anniversary from the date that the
fee is due. 

(b) A municipality may not collect fee for the use of a street, alley, or
public way from the owner of an interurban pipeline to place, construct,
maintain, repair, replace, operate, use, or remove the pipeline after the
fourth anniversary that the fee is due.  This excludes owners of
interurban pipelines that sells natural gas from the pipeline within the
municipality. 

  (c) If judicial relief is sought by the municipality to collect a fee
described by the above sections, the action must be filed before the
fourth anniversary that the fee is due. 
 
  (d) Defines "interurban pipeline"

SECTION 3.Effective date: September 1, 1997.

SECTION 4.Emergency clause.




COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds Section 311.905.  STATUTE OF LIMITATIONS ON THE
COLLECTION OF CERTAIN FEES FOR THE USE OF MUNICIPAL STREETS to the
Transportation Code. No other changes are made to the original bill.