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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 municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 552, Local Government |
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Code, is amended by adding Section 552.913 to read as follows: |
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Sec. 552.913. COMBINED HEATING AND POWER SYSTEMS IN CERTAIN |
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MUNICIPALITIES. (a) This section applies only to a home-rule |
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municipality that: |
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(1) has a population of more than 100,000; |
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(2) owns and operates an electric utility that is a |
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member of a municipal power agency; and |
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(3) is located in a county adjacent to a county with a |
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population of more than two million. |
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(b) To the extent this section conflicts with a municipal |
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charter provision, this section controls. |
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(c) A municipality may buy, own, construct, maintain, and |
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operate a combined heating and power system or plant and related |
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infrastructure. |
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(d) The governing body of the municipality may designate a |
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combined heating and power economic development district that |
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includes territory that: |
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(1) is within three miles of the combined heating and |
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power plant; |
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(2) is wholly located within the corporate boundaries |
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of the municipality; and |
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(3) does not have an interstate or federal highway |
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located within the boundaries of the district on the date the |
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territory is designated. |
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(e) The municipality may sell an energy commodity from the |
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system or plant, including electricity, chilled water, steam, or |
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gas. The municipality may sell gas only to industrial customers |
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located in the combined heating and power economic development |
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district. |
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(f) The municipality shall assess fees against a municipal |
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entity selling gas to industrial customers in the combined heating |
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and power economic district that are substantially the same as the |
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fees assessed against a gas utility that is not owned by the |
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municipality for occupation of a municipal right-of-way. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |