Bill Text: TX HB491 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of a water and sewer utility to impose an impact fee.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-22 - Left pending in committee [HB491 Detail]
Download: Texas-2011-HB491-Introduced.html
| 82R2101 JXC-D | ||
| By: Dutton | H.B. No. 491 | |
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| relating to the authority of a water and sewer utility to impose an | ||
| impact fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 13.185(j), Water Code, is amended to | ||
| read as follows: | ||
| (j) Depreciation expense included in the cost of service | ||
| includes depreciation on all currently used, depreciable utility | ||
| property owned by the utility except for property provided by | ||
| explicit customer agreements or funded by customer contributions in | ||
| aid of construction. Depreciation on all currently used and useful | ||
| developer or governmental entity contributed property or | ||
| infrastructure funded by an impact fee shall be allowed in the cost | ||
| of service. | ||
| SECTION 2. Subchapter F, Chapter 13, Water Code, is amended | ||
| by adding Section 13.193 to read as follows: | ||
| Sec. 13.193. IMPACT FEE. (a) In this section, "impact fee" | ||
| means a charge or assessment imposed by a utility against a customer | ||
| to generate revenue to fund or recover the cost of constructing or | ||
| installing a tap or connection to the utility's water, sanitary | ||
| sewer, or drainage facilities, including all necessary service | ||
| lines and meters. | ||
| (b) A utility may file with the regulatory authority an | ||
| application to impose a reasonable impact fee against a customer at | ||
| the time the customer requests new construction or new | ||
| installation. | ||
| (c) A utility may change the terms under which an impact fee | ||
| is imposed or the amount of the fee only by filing an application | ||
| with the regulatory authority. | ||
| (d) An application to impose an impact fee or to change the | ||
| terms under which the fee is imposed or the amount of the fee is | ||
| considered an application to change rates for purposes of the | ||
| application of this subchapter, provided that the commission by | ||
| rule may modify a procedure or requirement as necessary to | ||
| administer this section. | ||
| (e) The utility shall deposit money received from an impact | ||
| fee into an escrow account with a financial institution approved by | ||
| the regulatory authority. | ||
| (f) Chapter 395, Local Government Code, does not apply to an | ||
| impact fee imposed under this section. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
