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Public Utilities

Summaries

GA-0084
Greg Abbott

Tax imposed by municipality included in water user's bill dedicated to maintenance of fire fighting equipment, general-law municipality has no statutory authority to levy|Conveyances of personal and real property from general-law municipality to volunteer fire fighting associations, validity not affected by fact that city council member simultaneously served on fire fighting association board nor by council member's possib|Neither volunteer fire fighter nor member of board of fire fighting association is not an office|Validation act, three-year old contract may not be invalidated because one person served as member of both signing entities|Validation act does not affect city council member's possible criminal liability for violating statutory conflict-of-interest requirements, but does validate council agreements although council member may have violated criminal liability

GA-0257
Greg Abbott

Nuclear decommissioning, the Public Funds Investment Act would not govern a municipal utility's authority to invest nuclear decommissioning trust funds derived from charges paid by the selling utility's customers|Public Funds Investment Act would not govern a municipal utility's authority to invest nuclear decommissioning trust funds derived from charges paid by the selling utility's customers

GA-0366
Greg Abbott

Drainage charge, an interlocal contract entered into in accordance with section 242.001 or 791.011 of the Local Government Code may not authorize a county to assess on behalf of a municipality with a drainage utility system|Drainage charge, an interlocal contract between a county and a municipality may not authorize the county to assess on behalf of a municipality with a drainage utility system|Drainage charge adopted under chapter 402, Local Government Code, is not a "regulation[] related to plats, subdivision construction plans, and subdivisions of land as authorized by . . . [a statute] applicable to municipalities and counties that will be enforced in the extraterritorial jurisdiction" for purposes of section 242.001(d)(4)(B), Local Government Code; accordingly, a county may not assess a drainage charge under an agreement entered into in accordance with section 242.001(d)(4)(B)|Municipal drainage utility system, an interlocal contract between a county and a municipality that has adopted a may not authorize the county to assess a drainage charge on behalf of the municipality

GA-0411
Greg Abbott

Water supply and sewer systems, provision in economically distressed areas|Irreconcilably conflict, when two amendments adopted by the same legislature, the later enacted prevails|Affected county

GA-0429
Greg Abbott

Implied contract, whether parties have by their acts and conduct formed an implied contract is a question of fact that cannot be determined in an opinion|Municipally owned natural gas company must allow a political subdivision that is a customer to pay in accordance with the deadlines set in Government Code section 2251.021 and penalties set in Government Code section 2251.025|Payment by a governmental entity to a municipally owned utility company must be made in accordance with the deadlines and penalties set in Government Code sections 2251.021 and 2251.025

GA-0434
Greg Abbott

Impact fees for water and wastewater infrastructure in El Paso and its extraterritorial jurisdiction, city council may impose and may delegate ministerial duty to collect to the Public Service Board that acts as its agent for operating water utilities|El Paso Water Utilities Public Service Board may not impose impact fees for water and wastewater infrastructure in El Paso and its extraterritorial jurisdiction

GA-0482
Greg Abbott

Impact fees, municipal water rights fees as

GA-0577
Greg Abbott

Impact fees, assessment and collection of impact fees adopted after June 20, 1987\r\n|Adopt|Collect

GA-0610
Greg Abbott

Exemption under section 104.202 of Utilities Code, state agency must contract to use annual average of 100 Mcf per day of natural gas in order to quality for the |State agency

GA-0770
Greg Abbott

Utility company contracting with a county to collect the fees for the county’s solid waste disposal under Subsection 364.034(d)(2), Health and Safety Code, is authorized to suspend its own utility service for nonpayment of the county’s solid waste disposal fee

GA-1031
Greg Abbott

City charter - only qualified voters of a city may vote in an election to amend a|Municipally owned utility and establishment of board member qualifications, which can include out-of-city representation. Under Local Government Code chapter 552.122, a city has authority to adopt an ordinance providing for a board of trustees to manage and control its|Article XI, section 5 - Only Austin\\'s qualified voters may vote in an election to amend the Austin city charter under article 11, section 5.

DM-0444
Dan Morales

Utility system board is agent of municipality|Delegation to municipal utility system board of authority to manage and control system|Utility system property, system holds as agent of municipality; municipality has ultimate authority to determine use and disposal of|Delegation to municipal utility system board may not exceed power to "manage and control" system|Utility system|Control|Management|Utility system employees are employees of municipality subject to municipal employment policies, compensation, and benefits unless municipality has delegated authority to utility system board|Utility system employees subject to municipal rules regarding compensation and benefits unless municipality has delegated authority to utility system board

JC-0179
John Cornyn

Fiber-optics cable installed to operate regional water district's pipeline, water district may lease to private telecommunications company excess capacity in|Easement, article XVI, section 59 water district may lease excess capacity in fiber-optics cable installed in to private telecommunications company to operate pipeline|Fiber-optics cable installed to operate pipeline, water district may lease to private telecommunications company excess capacity in

JC-0219
John Cornyn

Local governments may not enter into interlocal contract to agree to deny utility and landfill services to customers who are delinquent in payments to other parties to the agreement

JC-0234
John Cornyn

Excavate underground storage facility, excavator must notify notification center only once of plan to|Excavate cable, excavator must notify notification center only once of plan to excavate|Pipeline, excavator must notify notification center of plan to excavate only once|Underground Storage Facility Notification Center, excavator must notify of planned excavation only once even if date for commencing excavation is delayed beyond fourteen days of original notice

JC-0238
John Cornyn

Right-of-way, county's authority to permit public utilities to use does not entail authority to permit third parties to use for private benefit|Right-of-way, whether county may permit third party to place water lines on will depend either on scope of easement's grant or uses by which prescriptive easement gained, and whether use constitutes additional burden on land

JC-0331
John Cornyn

Excavation permit ordinance, whether chapter 283 of the Local Government Code requires that it to apply to other utilities or entities|Certified telecommunications provider excavation permit ordinance, whether chapter 283 of the Local Government Code requires that it apply to other utilities or entities

JC-0368
John Cornyn

Utility lines, home-rule municipality may provide its own laborers and equipment to extend utility lines to a private residential subdivision|Extend lines to private residential subdivision, home-rule municipality may provide its own laborers and equipment to

JC-0424
John Cornyn

Tax appraisals, property owner's right of access to information prepared by private appraisal firm and used by appraisal district to establish taxable value of owner's property|Deregulation of electric utility industry, legislative policy making confidential competitively sensitive information does not affect utility property owner's right of access to information used by appraisal district or private appraisal firm to appraise |Information prepared by private appraisal firm and used by appraisal district to establish taxable value of property, property owner's right of access to