Title LG, Local Government Code

Sec. 572.011. AUTHORITY TO JOINTLY OWN FACILITIES. Two or more public entities that have the authority to engage in the collection, transportation, treatment, or disposal of sewage or the conservation, storage, transportation, treatment, or distribution of water may join together…

Sec. 572.012. GENERAL RIGHTS, POWERS, AND DUTIES OF PUBLIC ENTITIES. (a) Each participating public entity may: (1) use the entity's money to plan, acquire, construct, own, operate, and maintain its interest in a facility; (2) share in the facility; (3) issue bonds and other secur…

Sec. 572.013. USE OF EMINENT DOMAIN. (a) A participating public entity has the power of eminent domain to be exercised as provided by this section. (b) The use of eminent domain authority by a participating public entity is governed by the law relating to an eminent domain procee…

Sec. 572.014. EXEMPTION FROM TAXATION. A participating public entity is entitled to each constitutional or statutory ad valorem or other tax exemption attributable to the jointly owned facility or to a property or service bought, sold, leased, or used to construct, maintain, repa…

Sec. 572.051. DEFINITIONS. In this subchapter: (1) "Concurrent ordinance" means an ordinance or resolution adopted under this subchapter by two or more public entities. (2) "Obligation" means a bond or note secured by a fee, a charge, an assessment, or other revenue of an agency …

Sec. 572.052. CREATION OF PUBLIC UTILITY AGENCY. (a) Public entities may create a public utility agency by concurrent ordinances. (b) A public entity may join in the creation of a public utility agency under this subchapter only if, at the time the concurrent ordinance is adopted…

Sec. 572.053. CHANGES IN PUBLIC ENTITIES PARTICIPATING IN OR DISSOLUTION OF PUBLIC UTILITY AGENCY. (a) The public entities that participate in a public utility agency may by concurrent ordinances: (1) add a public entity to, or delete a public entity from, participation in the pu…

Sec. 572.054. NOTICE. (a) The governing body of each public entity that participates in the creation of a public utility agency shall publish notice of its intention to create the agency in a newspaper of general circulation in the county in which the entity is located. (a-1) The…

Sec. 572.055. CONTENTS OF CONCURRENT ORDINANCE. A concurrent ordinance creating a public utility agency under Section 572.052 or changing the public entities participating in an agency under Section 572.053 must, as adopted by each public entity: (1) contain identical provisions;…

Sec. 572.056. PETITION AND REFERENDUM. (a) If, before the date set for the adoption of a concurrent ordinance that creates a public utility agency or adds a public entity to an agency, 10 percent of the registered voters of a public entity required to publish notice of the creati…

Sec. 572.057. BOARD OF DIRECTORS. (a) A public utility agency shall be governed by a board of directors. The board is responsible for the management, operation, and control of the property belonging to the agency. (b) Each director must be appointed by place by the governing bodi…

Sec. 572.058. POWERS. (a) A public utility agency may not engage in any utility business other than the collection, transportation, treatment, or disposal of sewage or the conservation, storage, transportation, treatment, or distribution of water for a participating public entity…

Sec. 572.0581. NO POWER OF EMINENT DOMAIN. Except as provided by Section 572.0585, a public utility agency does not have the power of eminent domain. Added by Acts 2025, 89th Leg., R.S., Ch. 90 (S.B. 1169), Sec. 7, eff. May 20, 2025.

Sec. 572.0585. EMINENT DOMAIN IN CERTAIN COUNTIES. (a) A public utility agency has the power of eminent domain to be exercised in the manner provided by this section. The public utility agency may acquire by condemnation, for the use and benefit of the agency, land, easements, an…

Sec. 572.0586. EXTENSION OF SERVICES. A public utility agency shall hold a public hearing and provide an opportunity for public comment before extending service to new customers located outside the service area identified in the 10-year capital improvements plan adopted in compli…

Sec. 572.059. CONSTRUCTION CONTRACTS. (a) A public utility agency may award a contract for construction of an improvement that involves the expenditure of more than $20,000 only on the basis of competitive bids. (b) The agency shall publish notice of intent to receive bids once a…

Sec. 572.060. CONTRACTS FOR SEWER OR WATER SERVICES. A public utility agency may: (1) contract with the public entities creating the agency for the collection, transportation, treatment, or disposal of sewage or the conservation, storage, transportation, treatment, or distributio…

Sec. 572.061. RATES AND CHARGES. (a) In contracting with a public or private entity for wastewater collection, transmission, treatment, or disposal services or for water conservation, storage, transportation, treatment, or distribution, a public utility agency must charge rates s…

Sec. 572.062. OBLIGATIONS. (a) A public utility agency may: (1) issue obligations, including anticipation notes, to accomplish the purposes of the agency; and (2) finance or refund the acquisition, construction, expansion, and improvement of all or a portion of a facility relatin…

Sec. 572.063. REFUNDING NOTES. A public utility agency may issue refunding notes for the purpose and in the manner provided by general law, including Chapter 1207, Government Code. Added by Acts 1999, 76th Leg., ch. 227, Sec. 19, eff. Sept. 1, 1999. Renumbered from Local Governme…

Sec. 572.064. FORM AND PROVISIONS OF OBLIGATIONS. (a) An obligation issued under this subchapter must mature not later than 40 years after its date of issuance. (b) The obligations must be signed by the presiding officer or assistant presiding officer of the public utility agency…

Sec. 572.065. LIABILITY. Liability for the facilities and management of the public utility agency must be transferred to the agency on ownership of the facilities by the agency. Added by Acts 2025, 89th Leg., R.S., Ch. 90 (S.B. 1169), Sec. 10, eff. May 20, 2025.

Sec. 572.066. INFRASTRUCTURE INVESTMENTS. A public utility agency may create a funding mechanism to jointly invest in and leverage funding for water infrastructure in Texas with the North American Development Bank. Added by Acts 2025, 89th Leg., R.S., Ch. 90 (S.B. 1169), Sec. 10,…

Sec. 572.101. DEFINITIONS. In this subchapter: (1) "Commission" means the Texas Commission on Environmental Quality. (2) "Utility" and "water supply or sewer service corporation" have the meanings assigned by Section 13.002, Water Code. (3) "Utility commission" means the Public U…

Sec. 572.102. APPLICABILITY; JURISDICTION. (a) For purposes of this subchapter, a reference in Chapter 13, Water Code, to a person includes a public utility agency. (b) For purposes of this subchapter, the utility commission has the same jurisdiction over a water supply or sewer …

Sec. 572.103. RECEIVERSHIP. (a) At the request of the utility commission or the commission, the attorney general shall bring suit for the appointment of a receiver that is a public utility agency in the manner provided by Section 13.412, Water Code, to collect the assets and carr…

Sec. 572.104. TEMPORARY MANAGEMENT. The utility commission or the commission, after providing to the utility or water supply or sewer service corporation notice and an opportunity to be heard by the commissioners at a utility commission or commission meeting, may authorize a publ…