SUBCHAPTER A PUBLIC UTILITY SYSTEMS IN GENERAL
- Texas Section 552.001 - Municipal Utility Systems; General Powers
(a) In this section, "utility system" means a water, sewer, gas, or electricity system. (b) A municipality may purchase, construct, or operate a utility system...
- Texas Section 552.002 - Certain Public Services And Utility Systems In Home-rule Municipality
(a) In this section, "public service" includes a public telephone system, street railway system, fertilizing plant, slaughterhouse, municipal railway terminal, dock, wharf, ferry, ferry landing,...
- Texas Section 552.0025 - Connection, Disconnection, And Liability For Municipal Utility Services
(a) A municipality may not require a customer to pay for utility service previously furnished to another customer at the same service connection as a...
SUBCHAPTER B ACQUISITION OF INTERESTS FOR DRAINAGE, SEWAGE, OR WATER SUPPLY PURPOSES
- Texas Section 552.003 - Acquisition Of Existing Public Utility; Payment In Lieu Of School Taxes
(a) If, after May 8, 1943, a municipality acquires an existing public utility, the property of which is subject to taxation by a school district,...
- Texas Section 552.011 - Use Of Eminent Domain Power
A municipality that owns its water system may exercise the power of eminent domain to condemn private property located inside or outside the municipal limits...
- Texas Section 552.012 - Municipalities In Or Contracting With A Water District
(a) In this section, "water district" means a municipal water authority or other district created under Article XVI, Section 59, of the Texas Constitution. (b)...
- Texas Section 552.013 - Water System In Municipalities With Population Of More Than 1,000
(a) This section applies to a municipality with a population of more than 1,000 that owns and operates a water system for its residents for...
- Texas Section 552.014 - Contracts With Water Districts Or Nonprofit Corporations
(a) In this section: (1) "Project" means a water supply or treatment system, a water distribution system, a sanitary sewage collection or treatment system, works...
- Texas Section 552.015 - Water Supply In Type A General-law Municipality
(a) The governing body of a Type A general-law municipality may provide for a municipal water supply system. (b) The municipality may establish and regulate...
- Texas Section 552.016 - Sale Or Lease Of Water System By Type A General-law Municipality
(a) A Type A general-law municipality may not sell or lease a water system and plant owned by the municipality unless the question of the...
- Texas Section 552.017 - Water Systems In Home-rule Municipalities
(a) A home-rule municipality may exercise the exclusive right to own, construct, and operate a water system for the use of the municipality and its...
- Texas Section 552.018 - Municipal Contract With Private Entity
(a) A municipality that owns and operates its water distribution system may contract with an individual, firm, or corporation that operates without profit to make...
- Texas Section 552.019 - Contract With Water Improvement District Or Water Control And Improvement District
(a) A municipality may contract with a water improvement district or water control and improvement district created under Article XVI, Section 59, of the Texas...
- Texas Section 552.020 - Contract With Water District
(a) In this section, "water district" means a district or authority created under Article XVI, Section 59, of the Texas Constitution. (b) A municipality and...
- Texas Section 552.0205 - Revenue Bonds To Pay For District Services Under Contract
(a) In this section, "district" has the meaning assigned by Section 49.001, Water Code. (b) If a district contracts with a municipality to provide all...
- Texas Section 552.021 - Contract Between District And Municipality With Population Of More Than 900,000
(a) In this section, "district" means a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution. (b) A municipality with...
- Texas Section 552.022 - Contracts With Certain Special Districts
(a) In this section, "special district" means a district that derives its powers from Article XVI, Section 59, of the Texas Constitution and that has...
SUBCHAPTER C MUNICIPAL DRAINAGE UTILITY SYSTEMS
- Texas Section 552.023 - Contract Between Municipality And Trinity River Authority
(a) In this section, "sewage disposal services" includes sewage transportation, treatment, and disposal. (b) A municipality that is located in whole or in part inside...
- Texas Section 552.041 - Short Title
This subchapter may be cited as the Municipal Drainage Utility Systems Act. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended...
- Texas Section 552.042 - Legislative Finding
(a) The legislature finds that authority is needed to: (1) permit municipalities to establish a municipal drainage utility system within the established service area; (2)...
- Texas Section 552.043 - Application Of Subchapter To Municipalities
This subchapter applies to any municipality. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch....
- Texas Section 552.044 - Definitions
In this subchapter: (1)(A) "Benefitted property" means an improved lot or tract to which drainage service is made available under this subchapter. (B) "Benefitted property,"...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D IMPROVEMENTS TO WATER AND SEWER SYSTEMS IN CERTAIN MUNICIPALITIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 552.064 - Declaration; Costs; Estimated Assessment
(a) In the ordinance or resolution that declares the need for the improvements, the municipality: (1) must state the general nature and extent of the...
- Texas Section 552.065 - Assessment Provisions
(a) By ordinance, the governing body of the municipality may: (1) assess not more than nine-tenths of the estimated cost of improvements against the benefitted...
- Texas Section 552.066 - Apportionment Of Assessments
(a) Except as provided by Subsection (c), the municipality shall separately compute the cost of the water or sewer improvements and shall apportion the part...
- Texas Section 552.067 - Notice Of Proposed Improvements; Lien
(a) If the governing body of the municipality proposes to levy or assess any of the cost of improvements against the benefitted property as provided...
- Texas Section 552.068 - Exemptions; Personal Liability For Assessment
(a) All property, including church and school property, is subject to a tax or assessment authorized for local improvements under this subchapter. However, this subchapter...
- Texas Section 552.069 - Notice And Hearing Requirements; Appeal
(a) The municipality may not make an assessment under this subchapter against any benefitted property until it has given notice and provided an opportunity for...
- Texas Section 552.070 - Change; Abandonment
(a) Except as limited by this section, the governing body of the municipality may change plans, methods, contracts, or other proceedings relating to improvements. (b)...
- Texas Section 552.071 - Corrections; Reassessments
(a) If an assessment is determined to be invalid or unenforceable, the governing body of the municipality may correct any deficiency in the proceedings relating...
- Texas Section 552.072 - Joint Proceedings
The municipality may make the improvements and assessments provided under this subchapter in conjunction with the street improvements and assessments provided for in Chapter 313,...
- Texas Section 552.073 - Restrictions In Certain Counties
(a) In this section, "subdivided or platted property" means property that: (1) has been platted under Chapter 212; or (2) has been subdivided or platted...
- Texas Section 552.074 - Authorized Investment
A certificate of special assessment issued under this subchapter, including a certificate issued under a joint proceeding under Section 552.072, is a legal and authorized...
SUBCHAPTER E CONSTRUCTION OF SANITARY SEWERS IN CERTAIN MUNICIPALITIES
- Texas Section 552.075 - Home-rule Municipality
A home-rule municipality to which this subchapter applies may adopt plans and specifications for improvements as provided by this subchapter and may pay in cash...
- Texas Section 552.091 - Application Of Subchapter To Certain Municipalities
To exercise authority under this subchapter, a municipality must have: (1) a population of less than 15,000; (2) levied the maximum rate of tax allowed...
SUBCHAPTER F MUNICIPAL WATER CORPORATIONS AND MUNICIPAL WATER SYSTEMS
- Texas Section 552.092 - Construction Of Sanitary Sewers
(a) The governing body of a municipality may order the construction and installation of sanitary sewers if it is presented with a petition that is...
- Texas Section 552.101 - Municipal Water Contracts
The governing body of a municipality in which there is a water corporation may contract with the corporation to supply water to a street, alley,...
- Texas Section 552.102 - Eminent Domain By Municipal Sewer Providers
(a) A corporation incorporated in this state for the purpose of owning, constructing, or maintaining a sewer system in a municipality may by eminent domain...
- Texas Section 552.103 - Rights Of Water Corporation Providing Service To Municipality; Eminent Domain
(a) A water corporation in a municipality may sell and furnish water required by a municipality for a public or private building or for any...
- Texas Section 552.104 - Location Of Water Lines Outside Municipal Boundaries
(a) A water corporation or municipality may lay water system pipes, mains, conductors, or other fixtures through, under, along, across, or over a public road,...
SUBCHAPTER G MANAGEMENT OF CERTAIN ENCUMBERED MUNICIPAL ELECTRIC UTILITY SYSTEMS
- Texas Section 552.105 - Relocation Of Water Line To Allow Change To Traffic Lane
(a) The authority of the Texas Transportation Commission under this section is limited to a water line on a state highway not in a municipality....
- Texas Section 552.121 - Applicability Of Subchapter
This subchapter applies only to a home-rule municipality that owns an electric utility system, that by ordinance or charter elects to have the management and...
- Texas Section 552.122 - Transfer Of Management And Control Of Electric Utility System
(a) A municipality by ordinance may transfer management and control of the municipality's electric utility system to a board of trustees appointed by the municipality's...
- Texas Section 552.123 - Authority Of Board Of Trustees
(a) The municipality by ordinance may vest in the board the power to establish rates and related terms for its municipally owned electric utility system....
SUBCHAPTER H MANAGEMENT OF CERTAIN ENCUMBERED MUNICIPAL WATER SYSTEMS
- Texas Section 552.124 - Effect Of Previously Issued Bonds
(a) A municipality or an existing board of trustees may not exercise a power provided by this subchapter in relation to an obligation issued before...
- Texas Section 552.141 - Applicability Of Subchapter
This subchapter applies only to a home-rule municipality that owns or may own a water, wastewater, storm water, or drainage utility system, by ordinance or...
SUBCHAPTER Z MISCELLANEOUS PROVISIONS
- Texas Section 552.142 - Transfer Of Management And Control Of Utility System
(a) A municipality by ordinance may transfer management and control of two or more of its water, wastewater, storm water, or drainage systems to a...
- Texas Section 552.901 - Relocation Or Replacement Of Water Or Sewer Laterals
(a) By ordinance, a municipality may contract for the relocation or replacement of a sanitation sewer lateral or water lateral that serves a residential structure...
- Texas Section 552.902 - Operation Of Certain Electric Light And Power Systems By Home-rule Municipalities
(a) If a home-rule municipality, whose charter authorizes it to furnish electric light and power service inside and outside the municipal boundaries, owned and operated...
- Texas Section 552.903 - Agreement With Conservation And Reclamation District
(a) A municipality may agree or contract with a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution for the...
- Texas Section 552.904 - Lease Of Natural Gas Distribution System By Certain Municipalities
(a) A municipality that owns its natural gas distribution system and that has conducted an election before July 13, 1959, that resulted in a vote...
- Texas Section 552.905 - Operation Of Cable Tv Systems By General-law Municipalities
A general-law municipality may own and/or operate a cable TV system. Added by Acts 1995, 74th Leg., ch. 674, Sec. 1, eff. Aug. 28, 1995....
- Texas Section 552.906 - Municipal Utility Plants
(a) This section applies only to a general-law municipality that owns a utility plant that provides utility service. (b) The governing body of a municipality...
- Texas Section 552.907 - Construction Of Water Or Wastewater Improvements To Preserve Water Quality Aquifer
(a) This section applies only to territory located in a municipality or in the extraterritorial jurisdiction of a municipality and located over the recharge zone...
- Texas Section 552.909 - Prohibited Employment Of Or Contracting With Former Trustee Or Board Member
(a) This section applies to a municipality that creates a board of trustees or other board to manage and control a water, wastewater, storm water,...
- Texas Section 552.910 - Agreements With Other Political Subdivisions For Collection Of Past Due Utility Or Solid Waste Disposal Service Fees
(a) A municipality that operates a utility system, as defined by Section 552.001, or provides solid waste disposal services may enter an agreement for the...
- Texas Section 552.911 - Duties Of Water Service Provider To An Area Served By Sewer Service Of Certain Political Subdivisions
(a) This section applies only to an area: (1) that is located in a county that has a population of more than 1.3 million; and...
- Texas Section 552.912 - Certain Damages Caused By Sewage Backup
(a) A municipality or a river authority, other than a river authority listed in Subsection (c), may pay actual property damages caused by the backup...
- Texas Section 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...
- Texas Section 552.914 - Utility Contracts For Certain Municipalities
(a) In this section, "utility system" means an electric, water, sewer, solid waste disposal, drainage utility, or natural gas system, or any combination of those...