By Thompson, Craddick H.B. No. 1515 Substitute the following for H.B. No. 1515: By Craddick C.S.H.B. No. 1515 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the collection of fees for the use of municipal land as 1-3 a utility right-of-way. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 182.025, Tax Code, is amended by adding 1-6 Subsections (d) and (e) to read as follows: 1-7 (d) A city or town may not collect a fee described by 1-8 Subsection (a) after the second anniversary of the date the fee 1-9 becomes due, except through judicial proceedings filed in 1-10 accordance with Subsection (e). 1-11 (e) If the city or town seeks judicial relief to collect a 1-12 fee, the action must be filed not later than the second anniversary 1-13 of the date the fee becomes due. 1-14 SECTION 2. Subchapter Z, Chapter 311, Transportation Code, 1-15 is amended by adding Section 311.905 to read as follows: 1-16 Sec. 311.905. STATUTE OF LIMITATIONS ON THE COLLECTION OF 1-17 CERTAIN FEES FOR THE USE OF MUNICIPAL STREETS. (a) A municipality 1-18 may not collect a fee relating to a contract, agreement, or 1-19 franchise between the municipality and a public utility for the use 1-20 of a municipal street, alley, or public way by the public utility 1-21 in the course of its business after the fourth anniversary of the 1-22 date the fee becomes due except through judicial proceedings filed 1-23 in accordance with Subsection (c). 1-24 (b) A municipality may not collect from the owner of an 2-1 interurban pipeline a fee for the use of a municipal street, alley, 2-2 or public way to place, construct, maintain, repair, replace, 2-3 operate, use, or remove the pipeline after the fourth anniversary 2-4 of the date the fee becomes due except through judicial proceedings 2-5 filed in accordance with Subsection (c). This subsection does not 2-6 apply to the owner of an interurban pipeline that makes sales of 2-7 natural gas from the pipeline within the municipality. 2-8 (c) If a municipality seeks judicial relief to collect a fee 2-9 described by Subsection (a) or (b), the action must be filed not 2-10 later than the fourth anniversary of the date the fee becomes due. 2-11 (d) In this section, "interurban pipeline" means a line of 2-12 pipe that conveys petroleum products, chemical products, crude oil, 2-13 hazardous liquids, or natural gas on, along, under, over, or across 2-14 a public right-of-way that passes through a municipality. 2-15 SECTION 3. (a) This Act takes effect September 1, 1997. 2-16 (b) The change in law made in this Act, relating to when a 2-17 cause of action must be filed in a court, applies only to a cause 2-18 of action that is filed on or after the effective date of this Act. 2-19 SECTION 4. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended.