| 1 | 1 | | 81R9585 TRH-D |
|---|
| 2 | 2 | | By: Wentworth S.B. No. 2098 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the release of certain property from a certificate of |
|---|
| 8 | 8 | | public convenience and necessity for water service and sewer |
|---|
| 9 | 9 | | service. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 13.254(a-1), Water Code, is amended to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (a-1) As an alternative to decertification under Subsection |
|---|
| 14 | 14 | | (a), the owner of a tract of land that is at least three [50] acres |
|---|
| 15 | 15 | | and that is not in a platted subdivision actually receiving water or |
|---|
| 16 | 16 | | sewer service may petition the commission under this subsection for |
|---|
| 17 | 17 | | expedited release of the area from a certificate of public |
|---|
| 18 | 18 | | convenience and necessity so that the area may receive service from |
|---|
| 19 | 19 | | another retail public utility. The petitioner shall deliver, via |
|---|
| 20 | 20 | | certified mail, a copy of the petition to the certificate holder, |
|---|
| 21 | 21 | | who may submit information to the commission to controvert |
|---|
| 22 | 22 | | information submitted by the petitioner. The petitioner must |
|---|
| 23 | 23 | | demonstrate that: |
|---|
| 24 | 24 | | (1) a written request for service, other than a |
|---|
| 25 | 25 | | request for standard residential or commercial service, has been |
|---|
| 26 | 26 | | submitted to the certificate holder, identifying: |
|---|
| 27 | 27 | | (A) the area for which service is sought; |
|---|
| 28 | 28 | | (B) the timeframe within which service is needed |
|---|
| 29 | 29 | | for current and projected service demands in the area; |
|---|
| 30 | 30 | | (C) the level and manner of service needed, |
|---|
| 31 | 31 | | including the necessary water pressure for fire flow, for current |
|---|
| 32 | 32 | | and projected service demands in the area; and |
|---|
| 33 | 33 | | (D) any additional information requested by the |
|---|
| 34 | 34 | | certificate holder that is reasonably related to determination of |
|---|
| 35 | 35 | | the capacity or cost for providing the service; |
|---|
| 36 | 36 | | (2) the certificate holder has been allowed at least |
|---|
| 37 | 37 | | 60 [90] calendar days to review and respond to the written request |
|---|
| 38 | 38 | | and the information it contains; |
|---|
| 39 | 39 | | (3) the certificate holder: |
|---|
| 40 | 40 | | (A) has refused to provide the service; |
|---|
| 41 | 41 | | (B) is not capable of providing, or refuses to |
|---|
| 42 | 42 | | provide, the service on a continuous and adequate basis within the |
|---|
| 43 | 43 | | timeframe, at the level, or in the manner reasonably needed or |
|---|
| 44 | 44 | | requested by current and projected service demands in the area; or |
|---|
| 45 | 45 | | (C) conditions the provision of service on the |
|---|
| 46 | 46 | | payment of costs not properly allocable directly to the |
|---|
| 47 | 47 | | petitioner's service request, as determined by the commission; |
|---|
| 48 | 48 | | [and] |
|---|
| 49 | 49 | | (4) the certificate holder is not capable of |
|---|
| 50 | 50 | | providing, or refuses to provide, water pressure for fire |
|---|
| 51 | 51 | | suppression at a flow of at least 250 gallons per minute as |
|---|
| 52 | 52 | | determined by the last water pressure test; and |
|---|
| 53 | 53 | | (5) the alternate retail public utility from which the |
|---|
| 54 | 54 | | petitioner will be requesting service is capable of providing |
|---|
| 55 | 55 | | continuous and adequate service within the timeframe, at the level, |
|---|
| 56 | 56 | | and in the manner reasonably needed or requested by current and |
|---|
| 57 | 57 | | projected service demands in the area. |
|---|
| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|