By: Harless, et al. (Senate Sponsor - Kolkhorst) H.B. No. 2528
         (In the Senate - Received from the House May 6, 2015;
  May 7, 2015, read first time and referred to Committee on Natural
  Resources and Economic Development; May 22, 2015, reported
  favorably by the following vote:  Yeas 11, Nays 0; May 22, 2015,
  sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         FraserX
         EstesX
         BirdwellX
         HallX
         HancockX
         HinojosaX
         LucioX
         NicholsX
         SeligerX
         UrestiX
         ZaffiriniX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of a water district to accept donations to
  fund certain economic development programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 49, Water Code, is amended
  by adding Section 49.2291 to read as follows:
         Sec. 49.2291.  DONATIONS FOR ECONOMIC DEVELOPMENT. (a) In
  this section, "economic development program" has the meaning
  assigned by Section 152.151.
         (b)  This section applies only to a district located in the
  unincorporated area of a county with a population of four million or
  more.
         (c)  A district may accept a donation in any form from any
  source approved by the board to provide funds to a nonprofit
  organization providing economic development programs that the
  board determines will preserve property values in the district.
         (d)  A contract with a nonprofit organization providing
  economic development programs described by Subsection (c) may
  include the specific uses of donations collected by the district on
  behalf of the nonprofit organization under this section.
         (e)  A contract entered into under Subsection (d) must
  require the nonprofit organization administering the program to:
               (1)  maintain accounting records and funds independent
  of all other funds unrelated to the program;
               (2)  make the records maintained under Subdivision (1)
  available for public inspection at reasonable times;
               (3)  have an annual independent audit made of the
  accounting records and funds;
               (4)  use the funds only for programs in a county
  described by Subsection (b); and
               (5)  reimburse the district for costs of collection
  incurred by the district, except to the extent that the district
  agrees to bear those costs.
         (f)  All records of the administrator of an economic
  development program, unless protected from disclosure under
  Chapter 552, Government Code, shall be public information, as
  defined by Section 552.002, Government Code. 
         (g)  A district providing potable water or sewer service may,
  as part of its billing process, collect from customers voluntary
  donations on behalf of a nonprofit organization providing economic
  development programs described by Subsection (c).  A district that
  collects voluntary donations under this subsection must give
  reasonable notice to customers that the donations are voluntary.  
  If a donation is included in the total amount of a district's bill
  to a customer, the bill must identify the exact amount of the
  donation and include a telephone number the customer can call to
  have the donation deleted from the bill and any future bills issued
  to that customer.  Water and sewer service may not be terminated as
  a result of failing to pay a voluntary donation. 
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
 
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