BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 573

80R15919 DRH-D                                                                                  By: Gonzales et al. (Lucio)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/17/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, municipalities have the authority to assess fees for the costs of installation, operation, and maintenance of street lighting to the citizens that the lighting benefits.  However, in unincorporated areas, a county does not have this same authority even when residents of a subdivision are perfectly willing to incur a cost in order to obtain street lighting.

 

H.B. 573 grants authority to certain counties so that they may distribute the cost of installation, operation, and maintenance of street lighting to the county's residents.  This bill would only apply to areas within 150 miles of the border of Texas and Mexico.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Chapter 280, Transportation Code, by adding Section 280.003, as follows:

 

Sec. 280.003.  STREET LIGHTS IN SUBDIVISION LOCATED IN CERTAIN COUNTIES.  (a)  Provides that this section applies only to the unincorporated area of a county that has any of its territory located within 150 miles of an international boundary.

 

(b)  Authorizes the commissioners court of the county by order to provide for the establishment of street lights along a county road located in a subdivision.  Authorizes the order to provide for the installation, operation, and maintenance of the street lights by certain entities, to impose and collect a certain fee, and to provide for any other matter the commissioners court finds necessary to the installation, operation, or maintenance of the street lights.

 

(c)  Provides that this section does not supersede applicable provisions for street light service contained in the tariff of an electric utility that provides service to the subdivision.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.