By Bosse H.B. No. 1406
75R4779 DWS-F
A BILL TO BE ENTITLED
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
1-24 contribution under federal income tax law.
2-1 (c) A billing by the utility that includes a voluntary
2-2 contribution under this section must clearly state that the
2-3 contribution is voluntary and that it may be deducted from the
2-4 billed amount.
2-5 (d) The utility shall promptly deliver contributions that it
2-6 collects under this section to the designated volunteer fire
2-7 department or emergency medical service, except that the utility
2-8 may keep from the contributions an amount equal to the lesser of:
2-9 (1) the utility's expenses in administering the
2-10 contribution program; or
2-11 (2) five percent of the amount collected as
2-12 contributions.
2-13 (e) Amounts collected under this section are not rates and
2-14 are not required to be shown in tariffs filed with the regulatory
2-15 authority.
2-16 SECTION 2. All acts of a utility before the effective date
2-17 of this Act to implement a program described by Section 13.143,
2-18 Water Code, as added by this Act, are validated as of the dates on
2-19 which they occurred.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.