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