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AN ACT
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relating to the authority of a water district to accept donations to |
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fund certain economic development programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 49, Water Code, is amended |
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by adding Section 49.2291 to read as follows: |
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Sec. 49.2291. DONATIONS FOR ECONOMIC DEVELOPMENT. (a) In |
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this section, "economic development program" has the meaning |
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assigned by Section 152.151. |
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(b) This section applies only to a district located in the |
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unincorporated area of a county with a population of four million or |
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more. |
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(c) A district may accept a donation in any form from any |
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source approved by the board to provide funds to a nonprofit |
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organization providing economic development programs that the |
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board determines will preserve property values in the district. |
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(d) A contract with a nonprofit organization providing |
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economic development programs described by Subsection (c) may |
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include the specific uses of donations collected by the district on |
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behalf of the nonprofit organization under this section. |
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(e) A contract entered into under Subsection (d) must |
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require the nonprofit organization administering the program to: |
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(1) maintain accounting records and funds independent |
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of all other funds unrelated to the program; |
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(2) make the records maintained under Subdivision (1) |
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available for public inspection at reasonable times; |
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(3) have an annual independent audit made of the |
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accounting records and funds; |
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(4) use the funds only for programs in a county |
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described by Subsection (b); and |
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(5) reimburse the district for costs of collection |
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incurred by the district, except to the extent that the district |
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agrees to bear those costs. |
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(f) All records of the administrator of an economic |
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development program, unless protected from disclosure under |
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Chapter 552, Government Code, shall be public information, as |
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defined by Section 552.002, Government Code. |
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(g) A district providing potable water or sewer service may, |
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as part of its billing process, collect from customers voluntary |
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donations on behalf of a nonprofit organization providing economic |
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development programs described by Subsection (c). A district that |
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collects voluntary donations under this subsection must give |
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reasonable notice to customers that the donations are voluntary. |
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If a donation is included in the total amount of a district's bill |
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to a customer, the bill must identify the exact amount of the |
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donation and include a telephone number the customer can call to |
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have the donation deleted from the bill and any future bills issued |
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to that customer. Water and sewer service may not be terminated as |
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a result of failing to pay a voluntary donation. |
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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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2528 was passed by the House on May 5, |
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2015, by the following vote: Yeas 144, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2528 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |