Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Local Government Code § 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, the entity has the authority to engage in the collection, transportation, treatment, or disposal of sewage or the conservation, storage, transportation, treatment, or distribution of water. This subsection does not prohibit a public entity from disposing of a facility after creation of the agency.
(c) A public utility agency is a:
(1) separate agency;
(2) political subdivision of this state;
(3) political entity and corporate body; and
(4) retail public utility for the purposes of Chapter 13, Water Code.
(d) A public utility agency may not impose a tax but has all the other powers and obligations that are related to facilities and that are provided by law to a municipality that owns a facility, except as provided by Section 572.061.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 19, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 422.052 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(2), eff. April 1, 2009.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 90 (S.B. 1169), Sec. 4, eff. May 20, 2025.

Where this section sits in the code

LOCAL GOVERNMENT CODE
TITLE 13. WATER AND UTILITIES
SUBTITLE C. WATER PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 572. PUBLIC UTILITY AGENCIES FOR PROVISION OF WATER OR SEWER SERVICE
SUBCHAPTER C. PUBLIC UTILITY AGENCIES

(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, the entity has the authority to engage in the collection, transportation, treatment, or disposal of sewage or the conservation, storage, transportation, treatment, or distribution of water. This subsection does not prohibit a public entity from disposing of a facility after creation of the agency.

(1) separate agency;

(2) political subdivision of this state;

(3) political entity and corporate body; and

(4) retail public utility for the purposes of Chapter 13, Water Code.

(d) A public utility agency may not impose a tax but has all the other powers and obligations that are related to facilities and that are provided by law to a municipality that owns a facility, except as provided by Section 572.061.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 19, eff. Sept. 1, 1999.

Renumbered from Local Government Code, Section 422.052 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(2), eff. April 1, 2009.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 90 (S.B. 1169), Sec. 4, eff. May 20, 2025.

Collected 2026-08-27T01:47:27Z. Source file · JSON

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