Bill Text: TX HB2369 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to municipal fees charged to public school districts for water and sewer service.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2017-06-15 - Effective immediately [HB2369 Detail]
Download: Texas-2017-HB2369-Enrolled.html
| H.B. No. 2369 | ||
|
|
||
| relating to municipal fees charged to public school districts for | ||
| water and sewer service. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The legislature finds that the imposition of | ||
| fees for water service that are based on the number of students or | ||
| employees of a public school district diverts to other purposes | ||
| money appropriated in accordance with Section 1, Article VII, Texas | ||
| Constitution, for the education of students. For that reason, the | ||
| imposition of fees on those bases by a political subdivision | ||
| violates the Texas Constitution. | ||
| SECTION 2. The heading to Section 13.044, Water Code, is | ||
| amended to read as follows: | ||
| Sec. 13.044. RATES CHARGED BY MUNICIPALITY TO CERTAIN | ||
| SPECIAL DISTRICTS [ |
||
| SECTION 3. Subchapter C, Chapter 13, Water Code, is amended | ||
| by adding Section 13.0441 to read as follows: | ||
| Sec. 13.0441. FEES CHARGED BY MUNICIPALITY TO PUBLIC SCHOOL | ||
| DISTRICTS. (a) This section applies only to fees charged by a | ||
| municipality for water or sewer service to a public school | ||
| district. | ||
| (b) Notwithstanding the provisions of a resolution, | ||
| ordinance, or agreement, a public school district charged a fee | ||
| that violates Section 13.088 may appeal the charge by filing a | ||
| petition with the utility commission. The utility commission shall | ||
| hear the appeal de novo, and the municipality charging the fee has | ||
| the burden of proof to establish that the fee complies with Section | ||
| 13.088. The utility commission shall fix the fees to be charged by | ||
| the municipality in accordance with this chapter, including Section | ||
| 13.088. | ||
| SECTION 4. Subchapter D, Chapter 13, Water Code, is amended | ||
| by adding Section 13.088 to read as follows: | ||
| Sec. 13.088. MUNICIPAL FEES FOR PUBLIC SCHOOL DISTRICTS. A | ||
| municipally owned utility that provides retail water or sewer | ||
| utility service to a public school district may not charge the | ||
| district a fee based on the number of district students or employees | ||
| in addition to the rates the utility charges the district for the | ||
| service. | ||
| SECTION 5. 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. 2369 was passed by the House on May 4, | ||
| 2017, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2369 was passed by the Senate on May | ||
| 23, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
