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AN ACT
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relating to municipal fees charged to public school districts for |
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water and sewer service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that the imposition of |
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fees for water service that are based on the number of students or |
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employees of a public school district diverts to other purposes |
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money appropriated in accordance with Section 1, Article VII, Texas |
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Constitution, for the education of students. For that reason, the |
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imposition of fees on those bases by a political subdivision |
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violates the Texas Constitution. |
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SECTION 2. The heading to Section 13.044, Water Code, is |
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amended to read as follows: |
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Sec. 13.044. RATES CHARGED BY MUNICIPALITY TO CERTAIN |
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SPECIAL DISTRICTS [DISTRICT]. |
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SECTION 3. Subchapter C, Chapter 13, Water Code, is amended |
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by adding Section 13.0441 to read as follows: |
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Sec. 13.0441. FEES CHARGED BY MUNICIPALITY TO PUBLIC SCHOOL |
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DISTRICTS. (a) This section applies only to fees charged by a |
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municipality for water or sewer service to a public school |
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district. |
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(b) Notwithstanding the provisions of a resolution, |
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ordinance, or agreement, a public school district charged a fee |
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that violates Section 13.088 may appeal the charge by filing a |
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petition with the utility commission. The utility commission shall |
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hear the appeal de novo, and the municipality charging the fee has |
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the burden of proof to establish that the fee complies with Section |
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13.088. The utility commission shall fix the fees to be charged by |
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the municipality in accordance with this chapter, including Section |
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13.088. |
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SECTION 4. Subchapter D, Chapter 13, Water Code, is amended |
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by adding Section 13.088 to read as follows: |
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Sec. 13.088. MUNICIPAL FEES FOR PUBLIC SCHOOL DISTRICTS. A |
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municipally owned utility that provides retail water or sewer |
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utility service to a public school district may not charge the |
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district a fee based on the number of district students or employees |
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in addition to the rates the utility charges the district for the |
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service. |
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SECTION 5. 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, 2017. |
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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. 2369 was passed by the House on May 4, |
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2017, by the following vote: Yeas 145, Nays 0, 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. 2369 was passed by the Senate on May |
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23, 2017, 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 |