| 1 | 1 | | 81R9624 TRH-D |
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| 2 | 2 | | By: Nichols S.B. No. 1361 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certificates of public convenience and necessity for |
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| 8 | 8 | | water or sewer services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 13.254, Water Code, is amended by |
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| 11 | 11 | | amending Subsections (a-1) and (a-3) to read as follows: |
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| 12 | 12 | | (a-1) As an alternative to decertification under Subsection |
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| 13 | 13 | | (a), the owner of a tract of land that is at least 25 [50] acres and |
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| 14 | 14 | | that is not in a platted subdivision actually receiving water or |
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| 15 | 15 | | sewer service may petition the commission under this subsection for |
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| 16 | 16 | | expedited release of the area from a certificate of public |
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| 17 | 17 | | convenience and necessity [so that the area may receive service |
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| 18 | 18 | | from another retail public utility. The petitioner shall deliver, |
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| 19 | 19 | | via certified mail, a copy of the petition to the certificate |
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| 20 | 20 | | holder, who may submit information to the commission to controvert |
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| 21 | 21 | | information submitted by the petitioner. The petitioner must |
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| 22 | 22 | | demonstrate that: |
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| 23 | 23 | | [(1) a written request for service, other than a |
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| 24 | 24 | | request for standard residential or commercial service, has been |
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| 25 | 25 | | submitted to the certificate holder, identifying: |
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| 26 | 26 | | [(A) the area for which service is sought; |
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| 27 | 27 | | [(B) the timeframe within which service is needed |
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| 28 | 28 | | for current and projected service demands in the area; |
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| 29 | 29 | | [(C) the level and manner of service needed for |
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| 30 | 30 | | current and projected service demands in the area; and |
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| 31 | 31 | | [(D) any additional information requested by the |
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| 32 | 32 | | certificate holder that is reasonably related to determination of |
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| 33 | 33 | | the capacity or cost for providing the service; |
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| 34 | 34 | | [(2) the certificate holder has been allowed at least |
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| 35 | 35 | | 90 calendar days to review and respond to the written request and |
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| 36 | 36 | | the information it contains; |
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| 37 | 37 | | [(3) the certificate holder: |
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| 38 | 38 | | [(A) has refused to provide the service; |
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| 39 | 39 | | [(B) is not capable of providing the service on a |
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| 40 | 40 | | continuous and adequate basis within the timeframe, at the level, |
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| 41 | 41 | | or in the manner reasonably needed or requested by current and |
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| 42 | 42 | | projected service demands in the area; or |
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| 43 | 43 | | [(C) conditions the provision of service on the |
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| 44 | 44 | | payment of costs not properly allocable directly to the |
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| 45 | 45 | | petitioner's service request, as determined by the commission; and |
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| 46 | 46 | | [(4) the alternate retail public utility from which |
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| 47 | 47 | | the petitioner will be requesting service is capable of providing |
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| 48 | 48 | | continuous and adequate service within the timeframe, at the level, |
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| 49 | 49 | | and in the manner reasonably needed or requested by current and |
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| 50 | 50 | | projected service demands in the area]. |
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| 51 | 51 | | (a-3) Within 60 [90] calendar days from the date the |
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| 52 | 52 | | petition is filed with the commission [determines the petition |
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| 53 | 53 | | filed pursuant to Subsection (a-1) to be administratively |
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| 54 | 54 | | complete], the commission shall grant the petition [unless the |
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| 55 | 55 | | commission makes an express finding that the petitioner failed to |
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| 56 | 56 | | satisfy the elements required in Subsection (a-1) and supports its |
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| 57 | 57 | | finding with separate findings and conclusions for each element |
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| 58 | 58 | | based solely on the information provided by the petitioner and the |
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| 59 | 59 | | certificate holder. The commission may grant or deny a petition |
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| 60 | 60 | | subject to terms and conditions specifically related to the service |
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| 61 | 61 | | request of the petitioner and all relevant information submitted by |
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| 62 | 62 | | the petitioner and the certificate holder]. The commission may not |
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| 63 | 63 | | deny a petition based on the fact that a certificate holder is a |
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| 64 | 64 | | borrower under a federal loan program. In addition, the commission |
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| 65 | 65 | | may require an award of compensation as otherwise provided by this |
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| 66 | 66 | | section. |
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| 67 | 67 | | SECTION 2. The changes in law made by Section 13.254, Water |
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| 68 | 68 | | Code, as amended by this Act, apply only to a petition filed on or |
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| 69 | 69 | | after the effective date of this Act. A petition filed before the |
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| 70 | 70 | | effective date of this Act is subject to the law in effect on the |
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| 71 | 71 | | date the petition is filed, and that law is continued in effect for |
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| 72 | 72 | | that purpose. |
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| 73 | 73 | | SECTION 3. This Act takes effect September 1, 2009. |
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