83R4567 DDT-F
By: Munoz, Jr. H.B. No. 1028
A BILL TO BE ENTITLED
AN ACT
relating to expedited release from a certificate of public
convenience and necessity for water and sewer service for certain
landowners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.254, Water Code, is amended by
amending Subsection (a-2) and adding Subsections (a-12) and (a-13)
to read as follows:
(a-2) A landowner is not entitled to make the election
described in Subsection (a-1) or (a-5) but is entitled to contest
under Subsection (a) the involuntary certification of its property
in a hearing held by the commission if the landowner's property is
located:
(1) within the boundaries of any municipality or the
extraterritorial jurisdiction of a municipality with a population
of more than 500,000 and the municipality or retail public utility
owned by the municipality is the holder of the certificate; or
(2) in a platted subdivision actually receiving water
or sewer service from a certificate holder other than a rural water
supply corporation that owes a debt to the federal government under
7 U.S.C. Section 1926.
(a-12) Notwithstanding Subsection (a-1), a landowner may
petition for expedited release under that subsection and is
entitled to that release if:
(1) the landowner's property is located in the
boundaries of a municipality;
(2) the certificate holder serving the landowner's
property is a rural water supply corporation that owes a debt to the
federal government under 7 U.S.C. Section 1926; and
(3) in addition to the requirements of Subsection
(a-1), the landowner demonstrates in the landowner's petition that
the rural water supply corporation has refused to provide or is not
capable of providing service in the same manner that the
municipality would be required to provide if the municipality held
the certificate for the landowner's property.
(a-13) A rural water supply corporation's status as a
borrower under a federal loan program does not prohibit the release
requested under Subsection (a-12).
SECTION 2. This Act takes effect September 1, 2013.