Texas 2013 - 83rd Regular

Texas Senate Bill SB1612 Compare Versions

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1	1	By: Zaffirini S.B. No. 1612
2	2	(In the Senate - Filed March 8, 2013; March 20, 2013, read
3	3	first time and referred to Committee on Natural Resources;
4	4	April 17, 2013, reported favorably by the following vote: Yeas 9,
5	5	Nays 0; April 17, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the authority of certain municipalities to provide
11	11	water and sewer service to areas within the municipal boundaries
12	12	without obtaining a certificate of public convenience and
13	13	necessity.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (a), Section 13.247, Water Code, is
16	16	amended to read as follows:
17	17	(a) If an area is within the boundaries of a municipality,
18	18	all retail public utilities certified or entitled to certification
19	19	under this chapter to provide service or operate facilities in that
20	20	area may continue and extend service in its area of public
21	21	convenience and necessity within the area pursuant to the rights
22	22	granted by its certificate and this chapter, unless the
23	23	municipality exercises its power of eminent domain to acquire the
24	24	property of the retail public utility under Subsection (d). Except
25	25	as provided by Section 13.2476 or 13.255, a municipally owned or
26	26	operated utility may not provide retail water and sewer utility
27	27	service within the area certificated to another retail public
28	28	utility without first having obtained from the commission a
29	29	certificate of public convenience and necessity that includes the
30	30	areas to be served.
31	31	SECTION 2. Subchapter G, Chapter 13, Water Code, is amended
32	32	by adding Section 13.2476 to read as follows:
33	33	Sec. 13.2476. CERTIFICATES OF PUBLIC CONVENIENCE AND
34	34	NECESSITY TO PROVIDE WATER AND SEWER SERVICE IN CERTAIN
35	35	MUNICIPALITIES. (a) This section applies only to a municipality:
36	36	(1) with a population of less than 50,000; and
37	37	(2) that has an area within the boundaries of the
38	38	municipality that is certificated to an investor-owned utility that
39	39	provides water and sewer service through 10,000 or more taps or
40	40	connections inside and outside the municipality.
41	41	(b) A municipality may provide water and sewer service to an
42	42	area entirely within the municipality's boundaries without first
43	43	having to obtain from the commission a certificate of public
44	44	convenience and necessity that includes the area to be served,
45	45	regardless of whether the area to be served is certificated to a
46	46	public utility.
47	47	(c) Not less than 30 days before the municipality begins
48	48	providing water or sewer service to an area certificated to a public
49	49	utility, the municipality shall provide notice to the utility and
50	50	the commission of its intention to provide service to the area.
51	51	(d) On receipt of the notice required by Subsection (c), a
52	52	public utility may:
53	53	(1) petition the commission to decertify its
54	54	certificate for the area to be served by the municipality; or
55	55	(2) discontinue service to the area to be served by the
56	56	municipality.
57	57	(e) This section may not be construed to limit the right of a
58	58	public utility to provide service in an area certificated to the
59	59	utility.
60	60	(f) This section does not expand a municipality's power of
61	61	eminent domain under Chapter 21, Property Code.
62	62	SECTION 3. As soon as practicable after the effective date
63	63	of this Act, the Texas Commission on Environmental Quality shall
64	64	adopt rules and establish procedures relating to the notice
65	65	required under Section 13.2476, Water Code, as added by this Act.
66	66	SECTION 4. This Act takes effect September 1, 2013.
67	67	* * * * *