By: Turner of Harris (Senate Sponsor - Hegar) H.B. No. 4218

(In the Senate - Received from the House May 18, 2009; May 19, 2009, read first time and referred to Committee on Natural Resources; May 23, 2009, reported favorably by the following vote: Yeas 9, Nays 0; May 23, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to representation in a court proceeding involving a retail public utility providing water or sewer service.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.042, Water Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) If a municipality exercises its jurisdiction under Subsection (a), the municipal attorney or other appropriate attorney representing the municipality shall represent the municipality under this chapter in all matters before the state courts and any court of the United States.

SECTION 2. The changes in law made by this Act to Section 13.042, Water Code, apply only to a court proceeding that commences on or after the effective date of this Act. A court proceeding that commences before the effective date of this Act is subject to the law in effect on the date the proceeding was commenced, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2009.

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