| 1 | 1 | | H.B. No. 1295 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to notification of an application related to a certificate |
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| 6 | 6 | | of public convenience and necessity for water or sewer service. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 13.246(a), Water Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | (a) If an application for a certificate of public |
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| 11 | 11 | | convenience and necessity or for an amendment to a certificate is |
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| 12 | 12 | | filed, the commission shall cause notice of the application to be |
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| 13 | 13 | | given to affected parties and to each county and groundwater |
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| 14 | 14 | | conservation district that is wholly or partly included in the area |
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| 15 | 15 | | proposed to be certified. If [, if] requested, the commission shall |
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| 16 | 16 | | fix a time and place for a hearing and give notice of the |
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| 17 | 17 | | hearing. Any person affected by the application may intervene at |
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| 18 | 18 | | the hearing. |
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| 19 | 19 | | SECTION 2. The change in law made by this Act to Section |
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| 20 | 20 | | 13.246(a), Water Code, applies only to an application for a |
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| 21 | 21 | | certificate of public convenience and necessity or an amendment to |
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| 22 | 22 | | a certificate filed on or after the effective date of this Act. An |
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| 23 | 23 | | application filed before the effective date of this Act is subject |
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| 24 | 24 | | to the law in effect on the date of filing, and that law is continued |
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| 25 | 25 | | in effect for that purpose. |
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| 26 | 26 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 27 | 27 | | ______________________________ ______________________________ |
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| 28 | 28 | | President of the Senate Speaker of the House |
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| 29 | 29 | | I certify that H.B. No. 1295 was passed by the House on May |
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| 30 | 30 | | 15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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| 31 | 31 | | voting. |
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| 32 | 32 | | ______________________________ |
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| 33 | 33 | | Chief Clerk of the House |
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| 34 | 34 | | I certify that H.B. No. 1295 was passed by the Senate on May |
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| 35 | 35 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Secretary of the Senate |
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| 38 | 38 | | APPROVED: _____________________ |
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| 39 | 39 | | Date |
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| 40 | 40 | | _____________________ |
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| 41 | 41 | | Governor |
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