| 1 | 1 | | By: Eltife, et al. S.B. No. 1097 |
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| 2 | 2 | | (In the Senate - Filed March 2, 2011; March 16, 2011, read |
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| 3 | 3 | | first time and referred to Committee on Natural Resources; |
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| 4 | 4 | | March 31, 2011, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 10, Nays 1; March 31, 2011, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1097 By: Eltife |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to single certification in incorporated or annexed areas |
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| 13 | 13 | | served by water or sewer utilities. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subsection (j), Section 13.255, Water Code, is |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (j) This section shall apply only in a case where: |
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| 18 | 18 | | (1) the retail public utility that is authorized to |
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| 19 | 19 | | serve in the certificated area that is annexed or incorporated by |
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| 20 | 20 | | the municipality is a nonprofit water supply or sewer service |
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| 21 | 21 | | corporation, a special utility district under Chapter 65, [Water |
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| 22 | 22 | | Code, or] a fresh water supply district under Chapter 53, or a water |
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| 23 | 23 | | and sewer utility other than a cooperative corporation or affected |
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| 24 | 24 | | county [Water Code]; or |
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| 25 | 25 | | (2) the retail public utility that is authorized to |
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| 26 | 26 | | serve in the certificated area that is annexed or incorporated by |
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| 27 | 27 | | the municipality is a retail public utility, other than a nonprofit |
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| 28 | 28 | | water supply or sewer service corporation, and whose service area |
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| 29 | 29 | | is located entirely within the boundaries of a municipality with a |
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| 30 | 30 | | population of 1.7 million or more according to the most recent |
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| 31 | 31 | | federal census. |
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| 32 | 32 | | SECTION 2. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2011. |
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| 37 | 37 | | * * * * * |
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