reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 552.045 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.045. Adoption of System; Rules

Sec. 552.045.  ADOPTION OF SYSTEM;  RULES.  (a)  Subject to the requirements in Subsections (b) and (c), the governing body of the municipality, by a majority vote of its entire membership, may adopt this subchapter by an ordinance that declares the adoption and that declares the drainage of the municipality to be a public utility.(b)  Before adopting the ordinance, the governing body must find that:(1)  the municipality will establish a schedule of drainage charges against all real property in the proposed service area subject to charges under this subchapter;(2)  the municipality will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under this subchapter;  and(3)  the municipality will offer drainage service on nondiscriminatory, reasonable, and equitable terms.(c)  Before adopting the ordinance, the governing body must publish a notice in a newspaper of general circulation in the municipality stating the time and place of a public hearing to consider the proposed ordinance.  The proposed ordinance must be published in full in the notice.  The governing body shall publish the notice three times before the date of the hearing.  The first publication must occur on or before the 30th day before the date of the hearing.(d)  After passage of the ordinance adopting this subchapter, the municipality may levy a schedule of drainage charges.  The municipality must hold a public hearing on the charges before levying the charges.  The municipality must give notice of the hearing in the manner provided by Subsection (c). The proposed schedule of drainage charges, as originally adopted or as revised, must be published in the notice.(e)  The municipality by ordinance may adopt and enforce rules as it considers appropriate to operate the drainage utility system. Provided, however, that the prohibitions contained in Section 212.003(a) of the Local Government Code relating to quasi-zoning and other land use regulations in the extraterritorial jurisdiction of a municipality shall apply to any rule or ordinance adopted or enacted by the municipality under this Act, except that rates may be established using impervious cover measurements relating to land use and building size.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1230, Sec. 1(e), eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991.Renumbered from Local Government Code, Section 402.045 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.0451 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.0451. Extension of Service Area by Certain Municipalities

Sec. 552.0451.  EXTENSION OF SERVICE AREA BY CERTAIN MUNICIPALITIES.  (a)  A municipality with a population of more than 900,000 located in one or more counties with a population of less than 1.5 million as of the 1990 federal census may extend its service area:(1)  into the boundaries of another municipality if:(A)  before the extension water from the municipality to which the service area is to be extended regularly drains into the drainage system of the municipality extending its service area;  and(B)  the extension is provided for by an interlocal agreement between the municipalities;  or(2)  beyond its municipal boundaries into an unincorporated area of its extraterritorial jurisdiction if:(A)  before the extension water from the area to which the service area is to be extended regularly drains into the drainage system of the municipality extending its service area;  and(B)  the extension is provided for by an interlocal agreement between the municipality extending its service area and the county containing the area to which the service area is to be extended.(b)  An interlocal agreement under Subsection (a) may:(1)  contain provisions necessary for the operation of a drainage system within the area to which the service area is extended;  and(2)  provide for charges for treatment of drainage water and methods of assessment of the charges to an owner of a lot or tract of benefitted property in the area to which the service area is extended.(c)  Charges and methods of assessment agreed to under Subsection (b)(2) must comply with Section 552.047.|Added by Acts 1993, 73rd Leg., ch. 773, Sec. 2, eff. June 18, 1993.Renumbered from Local Government Code, Section 402.0451 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(6), eff. April 1, 2009.|
TX Loc Govt Code § 552.046 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.046. Incorporation of Existing Facilities

Sec. 552.046.  INCORPORATION OF EXISTING FACILITIES.  The municipality may incorporate existing drainage facilities, materials, and supplies into the drainage utility system.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991.Renumbered from Local Government Code, Section 402.046 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.047 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.047. Drainage Charges

Sec. 552.047.  DRAINAGE CHARGES.  (a)  The governing body of the municipality may charge a lot or tract of benefitted property for drainage service on any basis other than the value of the property, but the basis must be directly related to drainage and the terms of the levy, and any classification of the benefitted properties in the municipality must be nondiscriminatory, equitable, and reasonable.(b)  In setting the schedule of charges for drainage service, the governing body must base its calculations on an inventory of the lots and tracts within the service area.  The governing body may use approved tax plats and assessment rolls for that purpose.  The governing body may also consider the land use made of the benefitted property.  The governing body may consider the size, in area, the number of water meters, and topography of a parcel of benefitted property, in assessing the drainage charge to the property.(c)  The governing body may fix rates for drainage charges in advance and may change, adjust, and readjust the rates and charges for drainage service from time to time.  The rates must be equitable for similar services in all areas of the service area.(d)  Unless a person's lot or tract is exempted under this subchapter, the person may not use the drainage system for the lot or tract unless the person pays the full, established, drainage charge.(e)  Users residing within the established service area, but outside the municipality's boundaries, may appeal rates established for drainage charges under Section 13.043(b), Water Code.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.259, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 633, Sec. 2, eff. Sept. 1, 1997.Renumbered from Local Government Code, Section 402.047 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.87, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 87, eff. September 1, 2013.|
TX Loc Govt Code § 552.048 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.048. Billings; Deposit Not Required

Sec. 552.048.  BILLINGS;  DEPOSIT NOT REQUIRED.  (a)  The municipality may bill drainage charges, identified separately, with the municipality's other public utility billings.  Any delinquent billings may be collected on the benefitted property under the procedure prescribed by this subchapter.(b)  The municipality may not require a deposit for drainage service as a precondition to accepting surface flow in the drainage utility system.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991.Renumbered from Local Government Code, Section 402.048 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.049 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.049. Segregation of Income

Sec. 552.049.  SEGREGATION OF INCOME.  The income of a drainage utility system must be segregated and completely identifiable in municipal accounts.  If drainage charges are solely for the cost of service, the municipality may transfer the charges in whole or in part to the municipal general fund, except for any part collected outside municipal boundaries and except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the drainage system.  If the governing body has levied, in the drainage charge, an amount in contribution to the funding of future system improvements, including replacement, new construction, or extension, that amount is not transferable to the general fund.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1230, Sec. 1(f), eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991.Renumbered from Local Government Code, Section 402.049 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.050 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.050. Delinquent Charges

Sec. 552.050.  DELINQUENT CHARGES.  (a)   Any charge due hereunder which is not paid when due may be recovered in an action at law by the municipality.  In addition to any other remedies or penalties provided at law or in this subchapter, failure of a user of the municipal utilities within the service area to pay the charges promptly when due shall subject such user to discontinuance of any utility services provided by the municipality, and municipalities are hereby empowered to enforce this provision against delinquent users.  The employees of the utility established in accordance with this subchapter shall have access, at all reasonable times, to any benefitted properties served by the drainage utility for inspection or repair or for the enforcement of the provisions of this subchapter.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991.Renumbered from Local Government Code, Section 402.050 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.051 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.051. Drainage Revenue Bonds

Sec. 552.051.  DRAINAGE REVENUE BONDS.  By majority vote of the governing body, the municipality may issue drainage revenue bonds.  The municipality may use Chapter 1201, Government Code. In addition, the municipality may pledge income received by contracts for the provision of drainage to other governments or governmental subdivisions located inside or outside the service area.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.350, eff. Sept. 1, 2001.Renumbered from Local Government Code, Section 402.051 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.052 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.052. Discontinuation of Drainage System

Sec. 552.052.  DISCONTINUATION OF DRAINAGE SYSTEM.  (a)  If, after at least five years of substantially continuous operation of a municipal drainage system, the governing body of the municipality determines that the system should be discontinued, that the powers under this subchapter should be revoked, and that provision for municipal drainage should be made by other revenues, the governing body may adopt an ordinance to that effect after providing notice and a public hearing as provided by Section 552.045.(b)  If the municipality discontinues a system under Subsection (a), it may not adopt a system under this subchapter for at least five years after the discontinuation.(c)  A discontinuation does not affect a written obligation incurred by the municipality for funding or for the purchase of equipment, materials, or labor for the drainage system that is not then fully paid or otherwise discharged.(d)  A claim for damages based on an alleged failure of the drainage system that is filed with the municipality before the adoption of the ordinance discontinuing the drainage system is not abated by the discontinuation.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1230, Sec. 1(g), eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991.Renumbered from Local Government Code, Section 402.052 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(7), eff. April 1, 2009.|
TX Loc Govt Code § 552.053 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.053. Exemptions

Sec. 552.053.  EXEMPTIONS.  (a)  A governmental entity or person described by Subsection (b) and a lot or tract in which the governmental entity or person holds a freehold interest may be exempt from this subchapter and all ordinances, resolutions, and rules adopted under this subchapter.(b)  The following may be exempt:(1)  this state;(2)  a county;(3)  a municipality;(4)  a school district.(c)  The following shall be exempt from the provisions of any rules or ordinances adopted by a municipality pursuant to this Act:(1)  property with proper construction and maintenance of a wholly sufficient and privately owned drainage system;(2)  property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the municipality in which the property is located for maintenance;  and(3)  a subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the municipality in which the property is located.(d)  A municipality may exempt property owned by a religious organization that is exempt from taxation pursuant to Section 11.20, Tax Code, from all or a portion of drainage charges under this subchapter, as the governing body of the municipality considers appropriate.(d-1)  A municipality may exempt property used for cemetery purposes from drainage charges under Section 552.047 if the cemetery is closed to new interments and does not accept new burials.(e)  The following property is exempt from drainage charges under Section 552.047 and all ordinances, resolutions, and rules adopted under this subchapter:(1)  property owned by a county in which a municipality described by Section 552.044(8)(A) is located;(2)  property owned by a school district located wholly or partly in a municipality described by Section 552.044(8)(A); and(3)  property owned by a municipal housing authority of a municipality described by Section 552.044(8)(A).|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991;  Acts 1993, 73rd Leg., ch. 674, Sec. 2, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 773, Sec. 3, eff. June 18, 1993.Renumbered from Local Government Code, Section 402.053 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.Amended by: Acts 2009, 81st Leg., R.S., Ch. 278 (S.B. 874), Sec. 1, eff. May 30, 2009.Acts 2009, 81st Leg., R.S., Ch. 539 (S.B. 1522), Sec. 1, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 16.006, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1230 (S.B. 609), Sec. 1, eff. June 17, 2011.Acts 2015, 84th Leg., R.S., Ch. 161 (H.B. 1662), Sec. 1, eff. May 28, 2015.|
TX Loc Govt Code § 552.054 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter C. Municipal Drainage Utility Systems|Section 552.054. Effect of Subchapter

Sec. 552.054.  EFFECT OF SUBCHAPTER.  This subchapter does not:(1)  enhance or diminish the authority of a home-rule municipality to establish a drainage utility under Article XI, Section 5, of the Texas Constitution;(2)  preclude a municipality from utilizing revenues, other than drainage utility revenues, for drainage purposes;  or(3)  preclude a municipality from imposing impact fees or other charges for drainage authorized by law.|Added by Acts 1989, 71st Leg., ch. 1230, Sec. 1(h), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991.Renumbered from Local Government Code, Section 402.054 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.061 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities|Section 552.061. Application of Subchapter to Certain Municipalities

Sec. 552.061.  APPLICATION OF SUBCHAPTER TO CERTAIN MUNICIPALITIES.  To exercise authority under this subchapter, a municipality must:(1)  have all or a major part of its territory in a county with a population of more than 25,000; or(2)  be located in a county in which at least 60 percent of the total area is regularly covered by water and in which is located the majority of the total area of a wildlife refuge for species of wildlife on the federal endangered species list.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 83(b), eff. Aug. 28, 1989.Renumbered from Local Government Code, Section 402.061 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.062 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities|Section 552.062. Definitions

Sec. 552.062.  DEFINITIONS.  In this subchapter:(1)  "Benefitted property" means a lot or tract to which water or sewer service is made available under this subchapter.(2)  "Cost of improvement" includes engineering expenses, fiscal fees, and other expenses incident to the construction of improvements to the water system, sewer system, or both systems in addition to the other costs of the improvements.(3)  "Sewer system improvements" means the laying of mains, laterals, and extensions and all appliances and necessary adjuncts required for the sanitary disposal of excreta and offal from the area in which the improvements are made but does not include off-site mains, laterals, and extensions and appliances and adjuncts necessary to connect the improvements to the existing sewer system operated by the municipality.(4)  "Water system improvements" means the laying of a water main with gates, tees, crosses, taps, meter boxes, manholes, or extensions, and any other appurtenances required to furnish water for domestic or commercial purposes to the area in which the improvements are constructed, but does not include any off-site appurtenances required to connect the improvements to the existing water system operated by the municipality.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.Renumbered from Local Government Code, Section 402.062 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|
TX Loc Govt Code § 552.063 (2021)
2021 Texas Statutes|Local Government Code|Title 13 - Water and Utilities|Subtitle A - Municipal Water and Utilities|Chapter 552 - Municipal Utilities|Subchapter D. Improvements to Water and Sewer Systems in Certain Municipalities|Section 552.063. Municipal Authority

Sec. 552.063.  MUNICIPAL AUTHORITY.  (a)  The municipality may improve a water works system or sanitary sewer system within the municipal boundaries by constructing, extending, enlarging, or reconstructing the system.(b)  The governing body of the municipality may determine the need for improvements, may order the construction of the necessary improvements, and may contract for the improvements.(c)  The governing body may act under this subchapter through resolution, motion, order, or ordinance unless an ordinance is specifically required.  The governing body may adopt, by resolution or ordinance, any rules appropriate to the exercise of its powers under this subchapter, including rules relating to notice and hearing under this subchapter.(d)  The governing body may not assess a special tax or assessment against a railway, street railway, or interurban right-of-way to defray a portion of the cost of the improvements to the municipal water or sanitary sewer system.(e)  This subchapter does not affect the law of this state relating to the duty of a municipality to furnish water or sewer service in its proprietary capacity.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.Renumbered from Local Government Code, Section 402.063 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.|