81R9585 TRH-D
By: Kuempel H.B. No. 2658
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain property from a certificate of
public convenience and necessity for water service and sewer
service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.254(a-1), Water Code, is amended to
read as follows:
(a-1) As an alternative to decertification under Subsection
(a), the owner of a tract of land that is at least three [50] acres
and that is not in a platted subdivision actually receiving water or
sewer service may petition the commission under this subsection for
expedited release of the area from a certificate of public
convenience and necessity so that the area may receive service from
another retail public utility. The petitioner shall deliver, via
certified mail, a copy of the petition to the certificate holder,
who may submit information to the commission to controvert
information submitted by the petitioner. The petitioner must
demonstrate that:
(1) a written request for service, other than a
request for standard residential or commercial service, has been
submitted to the certificate holder, identifying:
(A) the area for which service is sought;
(B) the timeframe within which service is needed
for current and projected service demands in the area;
(C) the level and manner of service needed,
including the necessary water pressure for fire flow, for current
and projected service demands in the area; and
(D) any additional information requested by the
certificate holder that is reasonably related to determination of
the capacity or cost for providing the service;
(2) the certificate holder has been allowed at least
60 [90] calendar days to review and respond to the written request
and the information it contains;
(3) the certificate holder:
(A) has refused to provide the service;
(B) is not capable of providing, or refuses to
provide, the service on a continuous and adequate basis within the
timeframe, at the level, or in the manner reasonably needed or
requested by current and projected service demands in the area; or
(C) conditions the provision of service on the
payment of costs not properly allocable directly to the
petitioner's service request, as determined by the commission;
[and]
(4) the certificate holder is not capable of
providing, or refuses to provide, water pressure for fire
suppression at a flow of at least 250 gallons per minute as
determined by the last water pressure test; and
(5) the alternate retail public utility from which the
petitioner will be requesting service is capable of providing
continuous and adequate service within the timeframe, at the level,
and in the manner reasonably needed or requested by current and
projected service demands in the area.
SECTION 2. This Act takes effect September 1, 2009.