Bill Text: TX HB101 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 101 (Prior Session Legislation)

Bill Title: Relating to the development of and contracting for reclaimed water facilities in certain municipalities.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2017-05-23 - Effective immediately [HB101 Detail]

Download: Texas-2017-HB101-Enrolled.html



	H.B. No. 101




	AN ACT
	relating to the development of and contracting for reclaimed water
	facilities in certain municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 552, Local Government
	Code, is amended by adding Section 552.024 to read as follows:
	Sec. 552.024. MUNICIPAL CONTRACT FOR RECLAIMED WATER
	FACILITY IN CERTAIN MUNICIPALITIES. (a) In this section,
	"reclaimed water project" means the design, construction,
	equipment, repair, reconstruction, replacement, expansion,
	operation, or maintenance of:
	(1) a reclaimed water facility with a capacity of not
	less than 10 million gallons per day to be owned by a municipality;
	and
	(2) related infrastructure.
	(b) This section applies only to a home-rule municipality
	that:
	(1) has a population of at least 99,000 and not more
	than 160,000;
	(2) is located in two counties, only one of which has a
	population of at least 132,000 and not more than 170,000; and
	(3) owns and operates a water system, sewer system, or
	combined system.
	(c) A municipality to which this section applies may
	execute, perform, and make payments under a contract with any
	person for the development of a reclaimed water project and the
	provision of water from that project.
	(d) A contract entered into under this section is an
	obligation of the municipality that:
	(1) may provide that:
	(A) the contract is payable from a pledge of the
	revenues of the water system, sewer system, or combined system of
	the municipality; or
	(B) the payments from the municipality are an
	operating expense of the water system, sewer system, or combined
	system of the municipality; and
	(2) may not be made payable from ad valorem taxes.
	(e) A contract entered into under this section may:
	(1) be in the form and on the terms considered
	appropriate by the governing body of the municipality;
	(2) be for the term approved by the governing body of
	the municipality and contain an option to renew or extend the term;
	(3) provide for the design, construction, and
	financing of the reclaimed water project by the person with whom the
	municipality contracts for the development of the reclaimed water
	project; and
	(4) provide for the provision of reclaimed water for
	industrial purposes at specified rates for the term approved by the
	governing body of the municipality as part of the consideration for
	the acquisition of the reclaimed water project by the municipality.
	(f) If a contract entered into under this section provides
	for the design, construction, and financing of the reclaimed water
	project by the person with whom the municipality contracts:
	(1) a contract procurement or delivery requirement
	applicable to the municipality does not apply to the reclaimed
	water project; and
	(2) Chapter 2254, Government Code, does not apply to
	the reclaimed water project.
	(g) Subchapter I, Chapter 271, applies to a written contract
	entered into under this section as if the contract were a contract
	described by Section 271.151(2).
	(h) To the extent of a conflict with another statute or
	municipal charter provision or ordinance, this section controls.
	(i) The validity or enforceability of a contract entered
	into under this section by a municipality is not affected if, after
	the contract is entered into, the municipality no longer meets the
	requirements described by Subsection (b).
	SECTION 2. This Act applies to a contract entered into
	before the effective date of this Act that is made contingent on
	this Act taking effect.
	SECTION 3. 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, 2017.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 101 was passed by the House on March
	22, 2017, by the following vote: Yeas 145, Nays 0, 1 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 101 was passed by the Senate on May
	11, 2017, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor