Texas 2013 - 83rd Regular

Texas Senate Bill SB364 Compare Versions

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1	1	By: Eltife S.B. No. 364
2	2	(In the Senate - Filed February 4, 2013; February 11, 2013,
3	3	read first time and referred to Committee on Natural Resources;
4	4	February 25, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 10, Nays 0;
6	6	February 25, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 364 By: Eltife
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the authority of certain municipalities to provide
13	13	sewer service to areas within the municipal boundaries without
14	14	obtaining a certificate of public convenience and necessity.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subsection (a), Section 13.247, Water Code, is
17	17	amended to read as follows:
18	18	(a) If an area is within the boundaries of a municipality,
19	19	all retail public utilities certified or entitled to certification
20	20	under this chapter to provide service or operate facilities in that
21	21	area may continue and extend service in its area of public
22	22	convenience and necessity within the area pursuant to the rights
23	23	granted by its certificate and this chapter, unless the
24	24	municipality exercises its power of eminent domain to acquire the
25	25	property of the retail public utility under Subsection (d). Except
26	26	as provided by Section 13.2475 or 13.255, a municipally owned or
27	27	operated utility may not provide retail water and sewer utility
28	28	service within the area certificated to another retail public
29	29	utility without first having obtained from the commission a
30	30	certificate of public convenience and necessity that includes the
31	31	areas to be served.
32	32	SECTION 2. Subchapter G, Chapter 13, Water Code, is amended
33	33	by adding Section 13.2475 to read as follows:
34	34	Sec. 13.2475. CERTIFICATES OF PUBLIC CONVENIENCE AND
35	35	NECESSITY TO PROVIDE SEWER SERVICE IN CERTAIN MUNICIPALITIES. (a)
36	36	This section applies only to a municipality:
37	37	(1) with a population of more than 95,000;
38	38	(2) located in a county that:
39	39	(A) borders Lake Palestine; and
40	40	(B) has a population of more than 200,000;
41	41	(3) that owns and operates a utility that provides
42	42	sewer service; and
43	43	(4) that has an area within the boundaries of the
44	44	municipality that is certificated to another retail public utility
45	45	that provides sewer service.
46	46	(b) A municipality may provide sewer service to an area
47	47	entirely within the municipality's boundaries without first having
48	48	to obtain from the commission a certificate of public convenience
49	49	and necessity that includes the area to be served, regardless of
50	50	whether the area to be served is certificated to another retail
51	51	public utility.
52	52	(c) Not less than 30 days before the municipality begins
53	53	providing sewer service to an area certificated to another retail
54	54	public utility, the municipality shall provide notice to the retail
55	55	public utility and the commission of its intention to provide
56	56	service to the area.
57	57	(d) On receipt of the notice required by Subsection (c), a
58	58	retail public utility may:
59	59	(1) petition the commission to decertify its
60	60	certificate for the area to be served by the municipality; or
61	61	(2) discontinue service to the area to be served by the
62	62	municipality, provided that there is no interruption of service to
63	63	any customer.
64	64	(e) This section may not be construed to limit the right of a
65	65	retail public utility to provide service in an area certificated to
66	66	the retail public utility.
67	67	(f) This section does not expand a municipality's power of
68	68	eminent domain under Chapter 21, Property Code.
69	69	SECTION 3. As soon as practicable after the effective date
70	70	of this Act, the Texas Commission on Environmental Quality shall
71	71	adopt rules and establish procedures relating to the notice
72	72	required under Section 13.2475, Water Code, as added by this Act.
73	73	SECTION 4. This Act takes effect September 1, 2013.
74	74	* * * * *