1-1 By: Bosse (Senate Sponsor - Brown) H.B. No. 1406 1-2 (In the Senate - Received from the House April 9, 1997; 1-3 April 10, 1997, read first time and referred to Committee on 1-4 Natural Resources; May 2, 1997, reported favorably, as amended, by 1-5 the following vote: Yeas 8, Nays 0; May 2, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Brown 1-7 Amend HB 1406 as follows: 1-8 SECTION 1: insert the following underlined language into section 1-9 (e). 1-10 (e)...rates and are not subject to regulatory assessments, late 1-11 payment penalties, or other utility-related fees and are not.... 1-12 A BILL TO BE ENTITLED 1-13 AN ACT 1-14 relating to collection by water and sewer utilities of voluntary 1-15 contributions on behalf of certain emergency services. 1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-17 SECTION 1. Subchapter E, Chapter 13, Water Code, is amended 1-18 by adding Section 13.143 to read as follows: 1-19 Sec. 13.143. VOLUNTARY CONTRIBUTIONS. (a) A utility may 1-20 implement as part of its billing process a program under which the 1-21 utility collects from its customers a voluntary contribution, 1-22 including a voluntary membership or subscription fee, on behalf of 1-23 a volunteer fire department or an emergency medical service. 1-24 (b) A utility that collects contributions under this section 1-25 shall provide each customer at the time that the customer first 1-26 becomes a customer, and at least annually thereafter, a written 1-27 statement: 1-28 (1) describing the procedure by which the customer may 1-29 make a contribution with the customer's bill payment; 1-30 (2) designating the volunteer fire department or 1-31 emergency medical service to which the utility will deliver the 1-32 contribution; 1-33 (3) informing the customer that a contribution is 1-34 voluntary; and 1-35 (4) describing the deductibility status of the 1-36 contribution under federal income tax law. 1-37 (c) A billing by the utility that includes a voluntary 1-38 contribution under this section must clearly state that the 1-39 contribution is voluntary and that it may be deducted from the 1-40 billed amount. 1-41 (d) The utility shall promptly deliver contributions that it 1-42 collects under this section to the designated volunteer fire 1-43 department or emergency medical service, except that the utility 1-44 may keep from the contributions an amount equal to the lesser of: 1-45 (1) the utility's expenses in administering the 1-46 contribution program; or 1-47 (2) five percent of the amount collected as 1-48 contributions. 1-49 (e) Amounts collected under this section are not rates and 1-50 are not required to be shown in tariffs filed with the regulatory 1-51 authority. 1-52 SECTION 2. All acts of a utility before the effective date 1-53 of this Act to implement a program described by Section 13.143, 1-54 Water Code, as added by this Act, are validated as of the dates on 1-55 which they occurred. 1-56 SECTION 3. The importance of this legislation and the 1-57 crowded condition of the calendars in both houses create an 1-58 emergency and an imperative public necessity that the 1-59 constitutional rule requiring bills to be read on three several 1-60 days in each house be suspended, and this rule is hereby suspended, 1-61 and that this Act take effect and be in force from and after its 1-62 passage, and it is so enacted. 1-63 * * * * *