HB 74

89S20046 CS-D
		By: Bell of Montgomery
  H.B. No. 74
  A BILL TO BE ENTITLED
  AN ACT
  relating to the authority of a political subdivision to use public
  money for an environmental project.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 140, Local Government Code, is amended
  by adding Section 140.015 to read as follows:
         Sec. 140.015.  AUTHORITY TO USE PUBLIC MONEY FOR
  ENVIRONMENTAL PROJECT.  (a)  In this section:
               (1)  "Environmental project" means a project to reduce
  greenhouse gas emissions, reduce the amount of pollutants reaching
  the environment, or create public awareness of those or related
  issues. 
               (2)  "Political subdivision" means a county,
  municipality, public school district, special purpose district or
  authority, metropolitan or regional transit authority, port
  authority, regional council of governments, regional planning
  commission, county improvement district, or public improvement
  district.
         (b)  A political subdivision may not use public money to
  plan, create, or operate an environmental project, including by
  directly spending money for the project or by dedicating money for
  the repayment of debt issued by the political subdivision for the
  project.  The prohibition prescribed by this subsection applies to
  public money obtained from any source, including from a tax, fee,
  grant, or donation.
         (c)  Subsection (b) does not apply to a political
  subdivision's use of public money to:
               (1)  comply with a state or federal law;
               (2)  satisfy a statutory duty imposed on the political
  subdivision, including for a project described by this subsection;
               (3)  improve flood control, drainage, or water
  supplies;
               (4)  implement a water conservation or drought
  contingency measure;
               (5)  construct or operate a renewable energy
  infrastructure project that provides direct service to a facility
  owned or operated by the political subdivision;
               (6)  improve the energy efficiency or resilience of a
  facility owned or operated by the political subdivision;
               (7)  manage vegetation necessary to maintain public
  safety, protect infrastructure, prevent wildfires, or support
  flood and water management activities;
               (8)  engage in water quality, conservation, or resource
  management activities;
               (9)  implement roadway maintenance, erosion control,
  or infrastructure safety improvements necessary for public
  transportation or road durability, other than a project to
  construct or maintain electric vehicle charging stations,
  alternative fuel infrastructure, or projects aimed at reducing
  vehicle emissions;
               (10)  carry out environmental or energy efficiency
  initiatives in public schools, colleges, hospitals, and health care
  facilities necessary to meet operational or statutory
  requirements; or
               (11)  manage waste disposal or sanitation services.
         SECTION 2.  This Act takes effect on the 91st day after the
  last day of the legislative session.