Texas 2009 - 81st Regular

Texas Senate Bill SB2099 Compare Versions

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1	1	By: Wentworth S.B. No. 2099
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 23, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	April 23, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2099 By: Wentworth
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to a requirement to provide sufficient water pressure for
13	13	fire suppression in certain special utility districts.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (a), Section 13.254, Water Code, is
16	16	amended to read as follows:
17	17	(a) The commission at any time after notice and hearing may,
18	18	on its own motion or on receipt of a petition described by
19	19	Subsection (a-1), revoke or amend any certificate of public
20	20	convenience and necessity with the written consent of the
21	21	certificate holder or if it finds that:
22	22	(1) the certificate holder has never provided, is no
23	23	longer providing, is incapable of providing, or has failed to
24	24	provide continuous and adequate service in the area, or part of the
25	25	area, covered by the certificate;
26	26	(2) in an affected county as defined in Section
27	27	16.341, the cost of providing service by the certificate holder is
28	28	so prohibitively expensive as to constitute denial of service,
29	29	provided that, for commercial developments or for residential
30	30	developments started after September 1, 1997, in an affected county
31	31	as defined in Section 16.341, the fact that the cost of obtaining
32	32	service from the currently certificated retail public utility makes
33	33	the development economically unfeasible does not render such cost
34	34	prohibitively expensive in the absence of other relevant factors;
35	35	(3) the certificate holder has agreed in writing to
36	36	allow another retail public utility to provide service within its
37	37	service area, except for an interim period, without amending its
38	38	certificate; [or]
39	39	(4) the certificate holder has failed to file a cease
40	40	and desist action pursuant to Section 13.252 within 180 days of the
41	41	date that it became aware that another retail public utility was
42	42	providing service within its service area, unless the certificate
43	43	holder demonstrates good cause for its failure to file such action
44	44	within the 180 days; or
45	45	(5) the certificate holder has failed to comply with
46	46	Section 65.301.
47	47	SECTION 2. Subchapter E, Chapter 65, Water Code, is amended
48	48	by adding Section 65.301 to read as follows:
49	49	Sec. 65.301. WATER PRESSURE ADEQUATE FOR FIRE SUPPRESSION.
50	50	(a) This section applies only to a district whose territory
51	51	includes land in the corporate limits or extraterritorial
52	52	jurisdiction of a municipality with a population of more than
53	53	10,000, and only to the district's system serving land in the
54	54	corporate limits or extraterritorial jurisdiction of a
55	55	municipality.
56	56	(b) A district shall maintain and make available for fire
57	57	suppression a system that, when tested according to procedures
58	58	prescribed by commission rules, complies with the fire-flow
59	59	requirements of the latest edition of the International Fire Code.
60	60	(c) The commission shall revoke a district's certificate of
61	61	convenience and necessity under Section 13.254(a) on finding that
62	62	the district is in violation of this section.
63	63	SECTION 3. The Texas Commission on Environmental Quality
64	64	shall adopt rules as necessary to implement and enforce Section
65	65	65.301, Water Code, as added by this Act, as soon as practicable.
66	66	SECTION 4. This Act takes effect September 1, 2009.
67	67	* * * * *