Bill Text: TX SB1551 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a historic structure assistance program operated by a municipally owned utility in certain municipalities; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Business & Commerce [SB1551 Detail]
Download: Texas-2019-SB1551-Introduced.html
86R7576 SCL-D | ||
By: Lucio | S.B. No. 1551 |
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relating to a historic structure assistance program operated by a | ||
municipally owned utility in certain municipalities; authorizing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 552, Local Government Code, is amended | ||
by adding Subchapter I to read as follows: | ||
SUBCHAPTER I. HISTORIC STRUCTURE ASSISTANCE PROGRAM IN CERTAIN | ||
MUNICIPALITIES | ||
Sec. 552.151. DEFINITIONS. In this subchapter: | ||
(1) "Historic structure" means a structure described | ||
by Sections 442.001(3)(A) and (D), Government Code. | ||
(2) "Historic structure fee" means a fee charged by a | ||
municipally owned utility in accordance with this subchapter for | ||
the purpose of maintaining, operating, and renovating the utility | ||
systems of certain historic structures. | ||
(3) "Municipally owned utility" means a utility owned, | ||
operated, and controlled by a municipality. | ||
(4) "Program" means a historic structure assistance | ||
program established under Section 552.158. | ||
Sec. 552.152. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to a municipality: | ||
(1) operating a municipally owned utility; and | ||
(2) located in a county that is located on the | ||
international border. | ||
Sec. 552.153. HISTORIC STRUCTURE FEE. A municipally owned | ||
utility may charge a historic structure fee in an amount not to | ||
exceed $1 each month for the purpose of maintaining, operating, and | ||
renovating the utility systems of certain historic structures under | ||
the historic structure assistance program if a majority of | ||
municipal voters approve the fee in an election held in accordance | ||
with this subchapter. | ||
Sec. 552.154. FEE RESOLUTION; ELECTION ORDER. If a | ||
municipally owned utility proposes a historic structure fee, the | ||
governing body of a municipality that owns the utility shall: | ||
(1) adopt a resolution that specifies: | ||
(A) the amount of the proposed historic structure | ||
fee; | ||
(B) the purpose for which the proposed historic | ||
structure fee is charged; and | ||
(C) the date on which the municipally owned | ||
utility proposes to begin charging the proposed historic structure | ||
fee; and | ||
(2) order an election on the uniform election date in | ||
November authorized under Section 41.001, Election Code, to approve | ||
the historic structure fee. | ||
Sec. 552.155. NOTICE OF ELECTION. (a) The governing body | ||
of a municipality shall provide notice of an election for the | ||
approval of a proposed historic structure fee by publishing a copy | ||
of the resolution and election order described by Section 552.154 | ||
once a week for two consecutive weeks in a newspaper with general | ||
circulation in the municipality. | ||
(b) The notice must be published not earlier than the 30th | ||
day or later than the 10th day before election day. | ||
Sec. 552.156. RESULTS OF FEE ELECTION; NOTICE. (a) If a | ||
majority of municipal voters approve a historic structure fee at an | ||
election called for that purpose, the municipally owned utility: | ||
(1) shall provide notice to all affected utility | ||
customers that contains: | ||
(A) the election results; and | ||
(B) information regarding: | ||
(i) the opt out process; and | ||
(ii) how the fee is to be used; and | ||
(2) may begin charging the fee on the date specified in | ||
the resolution adopted under Section 552.154. | ||
(b) If a majority of municipal voters do not approve a | ||
historic structure fee at an election called for that purpose, the | ||
municipality may not hold another election on the approval of a | ||
historic structure fee before the first anniversary of the date of | ||
the election at which the voters did not approve of the fee. | ||
Sec. 552.157. FEE OPT OUT. If a historic structure fee is | ||
approved under Section 552.156, a customer of the municipally owned | ||
utility may provide written notice to the utility that the customer | ||
elects to opt out of paying the fee. On receipt of the notice, the | ||
utility may not charge that customer the fee. | ||
Sec. 552.158. HISTORIC STRUCTURE ASSISTANCE PROGRAM. | ||
(a) If a historic structure fee is approved under Section 552.156, | ||
the municipally owned utility shall establish and operate a | ||
historic structure assistance program in accordance with this | ||
section. The utility may use the fee only for the purpose of | ||
operating the program, and the utility may not use more than 10 | ||
percent of the revenue generated by the fee for the purpose of | ||
paying the program's administrative costs. | ||
(b) A nonprofit organization or a governmental entity may | ||
apply to the municipally owned utility to enter into an agreement | ||
under the program. To be eligible, an applicant must own a historic | ||
structure that is: | ||
(1) at least 100 years old; and | ||
(2) located within the corporate boundaries of the | ||
municipality. | ||
(c) A municipally owned utility that receives an | ||
application under this section as soon as practicable must forward | ||
a copy of the application to the governing body of the municipality | ||
that owns the utility and to the Texas Historical Commission. The | ||
governing body and the commission must jointly determine whether to | ||
approve the application. | ||
(d) If an applicant is approved for the program, the | ||
municipally owned utility and the applicant shall enter into an | ||
agreement that allows the utility to provide the applicant | ||
financial assistance in accordance with the program for the purpose | ||
of promoting the public purpose of preserving historic structures | ||
by maintaining, operating, or renovating the utility systems of the | ||
structures. The agreement must include provisions under which the | ||
municipally owned utility is granted sufficient control to ensure | ||
that the public purpose is accomplished and the municipality | ||
receives a return benefit. | ||
(e) After entering into an agreement under Subsection (d), | ||
the municipally owned utility shall provide financial assistance | ||
under the program to the program participant. Money provided under | ||
the program may be used only for maintaining, operating, or | ||
renovating the utility systems of the participant's historic | ||
structure described by Subsection (b). The purposes described by | ||
this subsection include: | ||
(1) increasing energy or water efficiency in the | ||
historic structure; | ||
(2) promoting energy or water conservation in the | ||
historic structure; and | ||
(3) assisting the participant with utility bill | ||
payments charged by the utility for the historic structure. | ||
SECTION 2. This Act takes effect September 1, 2019. |