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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of a municipality to regulate or limit a |
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retail public utility's extension of service or operation of |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.247, Water Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) This section may not be construed as limiting the power |
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of municipalities to incorporate or extend their boundaries by |
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annexation. A municipality may impose on a retail public utility |
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operating in the boundaries of the municipality [, or as
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prohibiting any municipality from levying] taxes and other special |
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charges for the use of [the] streets as [are] authorized by Section |
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182.025, Tax Code, but may not, by franchise agreement, limit, |
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restrict, regulate, or prevent the retail public utility's |
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extension of service or operation of facilities. |
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(e) Except as expressly provided by this chapter, a retail |
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public utility: |
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(1) is not subject to the regulation or control of a |
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municipality, including any regulation adopted by the municipality |
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under Chapter 211 or 212, Local Government Code; and |
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(2) may, in the sole discretion of the retail public |
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utility, locate the retail public utility's facilities at any |
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location whatsoever. |
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SECTION 2. This Act takes effect September 1, 2013. |