85R31848 TJB-D     By: Lucio S.B. No. 1670     (Oliveira)     Substitute the following for S.B. No. 1670:  No.       A BILL TO BE ENTITLED   AN ACT   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)  with a population of 135,000 to 230,000; 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. (a) If a majority   of municipal voters approve a historic structure fee at an election   called for that purpose, the municipally owned utility 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 notify all utility customers of the   election results, inform those customers of the opt-out process   with an explanation of how the fees are to be used, and 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 at least 100 years old and is 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; and                (2)  promoting energy or water conservation in the   historic structure.          SECTION 2.  This Act takes effect September 1, 2017.