1-1 AN ACT
1-2 relating to collection by water and sewer utilities of voluntary
1-3 contributions on behalf of certain emergency services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 13, Water Code, is amended
1-6 by adding Section 13.143 to read as follows:
1-7 Sec. 13.143. VOLUNTARY CONTRIBUTIONS. (a) A utility may
1-8 implement as part of its billing process a program under which the
1-9 utility collects from its customers a voluntary contribution,
1-10 including a voluntary membership or subscription fee, on behalf of
1-11 a volunteer fire department or an emergency medical service.
1-12 (b) A utility that collects contributions under this section
1-13 shall provide each customer at the time that the customer first
1-14 becomes a customer, and at least annually thereafter, a written
1-15 statement:
1-16 (1) describing the procedure by which the customer may
1-17 make a contribution with the customer's bill payment;
1-18 (2) designating the volunteer fire department or
1-19 emergency medical service to which the utility will deliver the
1-20 contribution;
1-21 (3) informing the customer that a contribution is
1-22 voluntary; and
1-23 (4) describing the deductibility status of the
2-1 contribution under federal income tax law.
2-2 (c) A billing by the utility that includes a voluntary
2-3 contribution under this section must clearly state that the
2-4 contribution is voluntary and that it may be deducted from the
2-5 billed amount.
2-6 (d) The utility shall promptly deliver contributions that it
2-7 collects under this section to the designated volunteer fire
2-8 department or emergency medical service, except that the utility
2-9 may keep from the contributions an amount equal to the lesser of:
2-10 (1) the utility's expenses in administering the
2-11 contribution program; or
2-12 (2) five percent of the amount collected as
2-13 contributions.
2-14 (e) Amounts collected under this section are not rates and
2-15 are not subject to regulatory assessments, late payment penalties,
2-16 or other utility-related fees and are not required to be shown in
2-17 tariffs filed with the regulatory authority.
2-18 SECTION 2. All acts of a utility before the effective date
2-19 of this Act to implement a program described by Section 13.143,
2-20 Water Code, as added by this Act, are validated as of the dates on
2-21 which they occurred.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and that this Act take effect and be in force from and after its
3-3 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1406 was passed by the House on April
8, 1997, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1406 on May 14, 1997, by the following vote: Yeas 138, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1406 was passed by the Senate, with
amendments, on May 12, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor