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By: Flores (Senate Sponsor - Armbrister) H.B. No. 1358
(In the Senate - Received from the House May 5, 2005;
May 8, 2005, read first time and referred to Committee on Natural
Resources; May 18, 2005, reported favorably by the following vote:
Yeas 8, Nays 0; May 18, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of the Texas Commission on
Environmental Quality over certain water supply or sewer service
corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 13, Water Code, is amended
by adding Section 13.004 to read as follows:
Sec. 13.004. JURISDICTION OF COMMISSION OVER CERTAIN WATER
SUPPLY OR SEWER SERVICE CORPORATIONS. (a) Notwithstanding any
other law, the commission has the same jurisdiction over a water
supply or sewer service corporation that the commission has under
this chapter over a water and sewer utility if the commission finds
that the water supply or sewer service corporation:
(1) is failing to conduct annual or special meetings
in compliance with Section 67.007; or
(2) is operating in a manner that does not comply with
the requirements for classifications as a nonprofit water supply or
sewer service corporation prescribed by Sections 13.002(11) and
(24).
(b) If the water supply or sewer service corporation
voluntarily converts to a special utility district operating under
Chapter 65, the commission's jurisdiction provided by this section
ends.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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