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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a political subdivision to use public |
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money for an environmental project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 140, Local Government Code, is amended |
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by adding Section 140.015 to read as follows: |
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Sec. 140.015. AUTHORITY TO USE PUBLIC MONEY FOR |
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ENVIRONMENTAL PROJECT. (a) In this section: |
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(1) "Environmental project" means a project to reduce |
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greenhouse gas emissions, reduce the amount of pollutants reaching |
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the environment, or create public awareness of those or related |
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issues. |
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(2) "Political subdivision" means a county, |
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municipality, public school district, special purpose district or |
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authority, metropolitan or regional transit authority, port |
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authority, regional council of governments, regional planning |
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commission, county improvement district, or public improvement |
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district. |
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(b) A political subdivision may not use public money to |
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plan, create, or operate an environmental project, including by |
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directly spending money for the project or by dedicating money for |
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the repayment of debt issued by the political subdivision for the |
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project. The prohibition prescribed by this subsection applies to |
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public money obtained from any source, including from a tax, fee, |
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grant, or donation. |
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(c) Subsection (b) does not apply to a political |
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subdivision's use of public money to: |
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(1) comply with a state or federal law; |
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(2) satisfy a statutory duty imposed on the political |
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subdivision, including for a project described by this subsection; |
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(3) improve flood control, drainage, or water |
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supplies; |
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(4) implement a water conservation or drought |
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contingency measure; |
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(5) construct or operate a renewable energy |
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infrastructure project that provides direct service to a facility |
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owned or operated by the political subdivision; |
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(6) improve the energy efficiency or resilience of a |
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facility owned or operated by the political subdivision; |
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(7) manage vegetation necessary to maintain public |
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safety, protect infrastructure, prevent wildfires, or support |
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flood and water management activities; |
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(8) engage in water quality, conservation, or resource |
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management activities; |
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(9) implement roadway maintenance, erosion control, |
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or infrastructure safety improvements necessary for public |
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transportation or road durability, other than a project to |
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construct or maintain electric vehicle charging stations, |
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alternative fuel infrastructure, or projects aimed at reducing |
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vehicle emissions; |
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(10) carry out environmental or energy efficiency |
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initiatives in public schools, colleges, hospitals, and health care |
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facilities necessary to meet operational or statutory |
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requirements; or |
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(11) manage waste disposal or sanitation services. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |