Tex. Local Gov't Code 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.

(b)

The municipality may delegate to the board of trustees all or part of the municipality’s authority to:

(1)

exercise the power of eminent domain with respect to property that will be used by, useful to, or required by the utility system; and

(2)

issue obligations in the name of the municipality to acquire or construct an improvement to or extension of the utility system or to repair the system.

(c)

The municipality may authorize the board of trustees to issue obligations under Subsection (b)(2) without the prior approval of the municipality. The obligations must be payable solely from the net revenue of the utility system.

(d)

The municipality may not delegate to the board of trustees the authority to:

(1)

levy or collect ad valorem taxes; or

(2)

issue obligations that are payable in whole or in part from ad valorem taxes.

(e)

The municipality and the board of trustees may jointly provide for the issuance of obligations payable from ad valorem taxes and the utility system’s net revenue by adopting identical provisions in an ordinance or resolution, as appropriate.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.106(a), eff. Sept. 1, 2001.
Renumbered from Local Government Code, Section 402.123 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.

Source: Section 552.123 — Authority of Board of Trustees, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­552.­htm#552.­123 (accessed Apr. 29, 2024).

552.001
Municipal Utility Systems 552.002
Certain Public Services and Utility Systems in Home-rule Municipality 552.003
Acquisition of Existing Public Utility 552.011
Use of Eminent Domain Power 552.012
Municipalities in or Contracting with a Water District 552.014
Contracts with Water Districts or Nonprofit Corporations 552.015
Water Supply in Type a General-law Municipality 552.016
Sale or Lease of Water System by Type a General-law Municipality 552.017
Water Systems in Home-rule Municipalities 552.018
Municipal Contract with Private Entity 552.019
Contract with Water Improvement District or Water Control and Improvement District 552.020
Contract with Water District 552.022
Contracts with Certain Special Districts 552.023
Contract Between Municipality and Trinity River Authority 552.024
Municipal Contract for Reclaimed Water Facility in Certain Municipalities 552.0025
Connection, Disconnection, and Liability for Municipal Utility Services 552.041
Short Title 552.042
Legislative Finding 552.043
Application of Subchapter to Municipalities 552.044
Definitions 552.045
Adoption of System 552.046
Incorporation of Existing Facilities 552.047
Drainage Charges 552.048
Billings 552.049
Segregation of Income 552.050
Delinquent Charges 552.051
Drainage Revenue Bonds 552.052
Discontinuation of Drainage System 552.053
Exemptions 552.054
Effect of Subchapter 552.061
Application of Subchapter to Certain Municipalities 552.062
Definitions 552.063
Municipal Authority 552.064
Declaration 552.065
Assessment Provisions 552.066
Apportionment of Assessments 552.067
Notice of Proposed Improvements 552.068
Exemptions 552.069
Notice and Hearing Requirements 552.070
Change 552.071
Corrections 552.072
Joint Proceedings 552.073
Restrictions in Certain Counties 552.074
Authorized Investment 552.075
Home-rule Municipality 552.091
Application of Subchapter to Certain Municipalities 552.092
Construction of Sanitary Sewers 552.101
Municipal Water Contracts 552.102
Eminent Domain by Municipal Sewer Providers 552.103
Rights of Water Corporation Providing Service to Municipality 552.104
Location of Water Lines Outside Municipal Boundaries 552.105
Relocation of Water Line to Allow Change to Traffic Lane 552.121
Applicability of Subchapter 552.122
Transfer of Management and Control of Electric Utility System 552.123
Authority of Board of Trustees 552.124
Effect of Previously Issued Bonds 552.141
Applicability of Subchapter 552.142
Transfer of Management and Control of Utility System 552.0205
Revenue Bonds to Pay for District Services Under Contract 552.0451
Extension of Service Area by Certain Municipalities 552.901
Relocation or Replacement of Water or Sewer Laterals 552.902
Operation of Certain Electric Light and Power Systems by Home-rule Municipalities 552.903
Agreement with Conservation and Reclamation District 552.904
Lease of Natural Gas Distribution System by Certain Municipalities 552.905
Operation of Cable Tv Systems by General-law Municipalities 552.906
Municipal Utility Plants 552.907
Construction of Water or Wastewater Improvements to Preserve Water Quality Aquifer 552.909
Prohibited Employment of or Contracting with Former Trustee or Board Member 552.910
Agreements with Other Political Subdivisions for Collection of Past Due Utility or Solid Waste Disposal Service Fees 552.911
Duties of Water Service Provider to an Area Served by Sewer Service of Certain Political Subdivisions 552.912
Certain Damages Caused by Sewage Backup 552.913
Combined Heating and Power Systems in Certain Municipalities 552.914
Utility Contracts for Certain Municipalities 552.915
Records of Municipally Owned Electric Utility Providing Broadband Services
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Accessed:
Apr. 29, 2024

§ 552.123’s source at texas​.gov