82R29060 RWG-D
By: Nichols, Gallegos, Patrick S.B. No. 635
(Larson)
Substitute the following for S.B. No. 635: No.
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Commission on Environmental
Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.043(h), Water Code, is amended to
read as follows:
(h) The commission or executive director may[, on a motion
by the executive director or by the appellant under Subsection (a),
(b), or (f) of this section,] establish interim rates to be in
effect until a final decision is made in an appeal filed under
Subsection (a), (b), or (f).
SECTION 2. Sections 13.187(b) and (l), Water Code, are
amended to read as follows:
(b) A copy of the statement of intent shall be mailed or
delivered to the appropriate offices of each affected municipality,
to the executive director, and to any [other] affected persons as
required by the regulatory authority's rules.
(l) At any time during the pendency of the rate proceeding
the regulatory authority or, if the regulatory authority is the
commission, the executive director may fix interim rates to remain
in effect until a final determination is made on the proposed rate.
SECTION 3. Section 13.242(c), Water Code, is amended to
read as follows:
(c) The commission may by rule allow a municipality or
utility or water supply corporation to render retail water or sewer
service without a certificate of public convenience and necessity
if the municipality has given notice under Section 13.255 [of this
code] that it intends to provide retail water or sewer service to an
area or if the utility or water supply corporation has less than 15
potential connections and is not within the certificated area of
another retail public utility.
SECTION 4. Section 13.248, Water Code, is amended to read as
follows:
Sec. 13.248. CONTRACTS VALID AND ENFORCEABLE. Contracts
between retail public utilities designating areas to be served and
customers to be served by those retail public utilities, when
approved by the commission or the executive director after public
notice [and hearing], are valid and enforceable and are
incorporated into the appropriate areas of public convenience and
necessity.
SECTION 5. Section 49.321, Water Code, is amended to read as
follows:
Sec. 49.321. DISSOLUTION AUTHORITY. After notice [and
hearing], the commission or executive director may dissolve any
district that is inactive for a period of five consecutive years and
has no outstanding bonded indebtedness.
SECTION 6. Section 49.324, Water Code, is amended to read as
follows:
Sec. 49.324. ORDER OF DISSOLUTION. The commission or the
executive director may enter an order dissolving the district [at
the conclusion of the hearing] if the commission or executive
director [it] finds that the district has performed none of the
functions for which it was created for a period of five consecutive
years [before the day of the proceeding] and that the district has
no outstanding bonded indebtedness.
SECTION 7. Section 49.326(a), Water Code, is amended to
read as follows:
(a) Appeals from an [a commission] order dissolving a
district shall be filed and heard in the district court of any of
the counties in which the land is located.
SECTION 8. Section 54.030(b), Water Code, is amended to
read as follows:
(b) The governing body of a district which desires to
convert into a district operating under this chapter shall adopt
and enter in the minutes of the governing body a resolution
declaring that in its judgment, conversion into a municipal utility
district operating under this chapter and under Article XVI,
Section 59, of the Texas Constitution, would serve the best
interest of the district and would be a benefit to the land and
property included in the district. The resolution shall also
request that the commission approve [to hold a hearing on the
question of] the conversion of the district.
SECTION 9. Section 54.032, Water Code, is amended to read as
follows:
Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice
of the conversion [hearing] shall be given by publishing notice in a
newspaper with general circulation in the county or counties in
which the district is located.
(b) The notice shall be published once a week for two
consecutive weeks [with the first publication to be made not less
than 14 full days before the time set for the hearing].
(c) The notice shall:
(1) [state the time and place of the hearing;
[(2)] set out the resolution adopted by the district
in full; and
(2) [(3)] notify all interested persons how they may
offer comments [to appear and offer testimony] for or against the
proposal contained in the resolution.
SECTION 10. Section 54.033, Water Code, is amended to read
as follows:
Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If
[After a hearing, if] the commission or the executive director
finds that conversion of the district into one operating under this
chapter would serve the best interest of the district and would be a
benefit to the land and property included in the district, the
commission or executive director [it] shall enter an order making
this finding and the district shall become a district operating
under this chapter and no confirmation election shall be required.
(b) If the commission or the executive director finds that
the conversion of the district would not serve the best interest of
the district and would not be a benefit to the land and property
included in the district, the commission or executive director [it]
shall enter an order against conversion of the district into one
operating under this chapter.
(c) The findings of the commission or the executive director
entered under this section shall be subject to appeal or review
within 30 days after entry of the order [of the commission] granting
or denying the conversion.
(d) A copy of the [commission] order converting a district
shall be filed in the deed records of the county or counties in
which the district is located.
SECTION 11. Sections 49.322 and 54.031, Water Code, are
repealed.
SECTION 12. Except as otherwise provided by this Act, this
Act applies only to a statement of intent filed on or after the
effective date of this Act. A rate change to which a statement of
intent filed before the effective date of this Act applies is
governed by the law in effect on the date the statement was filed,
and that law is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2011.