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79R8180 JJT-D

By:  Kolkhorst                                                    H.B. No. 2076



A BILL TO BE ENTITLED

AN ACT

relating to the use of revenue generated by municipally owned 
electric utilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 33, Utilities Code, is 
amended by adding Section 33.009 to read as follows:
	Sec. 33.009.  NOTIFICATION REGARDING DIVERSION OF REVENUE.  
(a)  A municipally owned utility that diverts revenue derived from 
the provision of electric service to a general municipal fund or to 
another municipal fund or account that may be spent for a purpose 
that is unrelated to the costs of the utility's provision of 
electric service and the municipality that receives the diverted 
revenue jointly shall publish a notice that contains:
		(1)  the percentage of the utility's annual revenues 
derived from the provision of electric service that the amount 
diverted represents;
		(2)  the total amount of revenue diverted during the 
municipality's most recent fiscal year and the amount of revenue 
diverted to each municipal fund or account during that fiscal year; 
and
		(3)  the percentage of the municipality's budget for 
the most recent fiscal year that the amount of diverted revenues 
represents.
	(b)  The notice must be published:                                      
		(1)  not later than the 31st day after the final day of 
the municipality's fiscal year; and
		(2)  in a newspaper having general circulation in the 
municipality.  
	(c)  The notice must be prominently placed in the newspaper 
and must be plainly stated in clear language.
	SECTION 2.  This Act takes effect September 1, 2005.