Bill Text: TX SB1230 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the construction and operation of combined heating and power facilities in certain municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-05-09 - Effective immediately [SB1230 Detail]
Download: Texas-2011-SB1230-Enrolled.html
| S.B. No. 1230 | ||
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| relating to the construction and operation of combined heating and | ||
| power facilities in certain municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 552, Local Government | ||
| Code, is amended by adding Section 552.913 to read as follows: | ||
| Sec. 552.913. COMBINED HEATING AND POWER SYSTEMS IN CERTAIN | ||
| MUNICIPALITIES. (a) This section applies only to a home-rule | ||
| municipality that: | ||
| (1) has a population of more than 100,000; | ||
| (2) owns and operates an electric utility that is a | ||
| member of a municipal power agency; and | ||
| (3) is located in a county adjacent to a county with a | ||
| population of more than two million. | ||
| (b) To the extent this section conflicts with a municipal | ||
| charter provision, this section controls. | ||
| (c) A municipality may buy, own, construct, maintain, and | ||
| operate a combined heating and power system or plant and related | ||
| infrastructure. | ||
| (d) The governing body of the municipality may designate a | ||
| combined heating and power economic development district that | ||
| includes territory that: | ||
| (1) is within three miles of the combined heating and | ||
| power plant; | ||
| (2) is wholly located within the corporate boundaries | ||
| of the municipality; and | ||
| (3) does not have an interstate or federal highway | ||
| located within the boundaries of the district on the date the | ||
| territory is designated. | ||
| (e) The municipality may sell an energy commodity from the | ||
| system or plant, including electricity, chilled water, steam, or | ||
| gas. The municipality may sell gas only to industrial customers | ||
| located in the combined heating and power economic development | ||
| district. | ||
| (f) The municipality shall assess fees against a municipal | ||
| entity selling gas to industrial customers in the combined heating | ||
| and power economic district that are substantially the same as the | ||
| fees assessed against a gas utility that is not owned by the | ||
| municipality for occupation of a municipal right-of-way. | ||
| SECTION 2. 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1230 passed the Senate on | ||
| April 5, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1230 passed the House on | ||
| April 26, 2011, by the following vote: Yeas 148, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
