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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction and operation of combined heating and |
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power facilities in certain cities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.002, Local Government Code, by |
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adding subsections (e) and (f) as follows: |
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(e) Notwithstanding any municipal charter provision to the |
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contrary, a home rule city may buy, own, construct, maintain, and |
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operate a combined heating and power system or plant with related |
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infrastructure, and may sell energy commodities from such system, |
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plant, or infrastructure, including but not limited to, |
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electricity, chilled water, steam, or gas in a Combined Heating and |
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Power Economic Development District so designated and defined by |
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the governing body of the municipality, which shall be at a distance |
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of no greater than three miles from the combined heating and power |
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plant, and which is wholly located within the corporate boundaries |
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of the municipality. |
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(f) Subsection (e) only applies to a home rule city that: |
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(1) has a population that is greater than 100,000; |
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(2) owns and operates a municipally owned electric |
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utility that is a member of a Texas municipal power agency; and |
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(3) is located adjacent to a county with a population |
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that is greater than two million. |
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SECTION 2. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2011. |