| 1 | 1 | | 84R13371 JXC-D |
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| 2 | 2 | | By: Isaac H.B. No. 3622 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of wholesale water or sewer service to |
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| 8 | 8 | | certain municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 13, Water Code, is amended |
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| 11 | 11 | | by adding Section 13.088 to read as follows: |
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| 12 | 12 | | Sec. 13.088. MUNICIPAL WHOLESALE SERVICE IN CERTAIN |
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| 13 | 13 | | COUNTIES. (a) This section applies only to: |
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| 14 | 14 | | (1) a home-rule municipality primarily located in a |
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| 15 | 15 | | county with a population of more than one million; and |
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| 16 | 16 | | (2) a general-law municipality with a population of |
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| 17 | 17 | | less than 301 located in a county with a population of more than |
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| 18 | 18 | | 150,000. |
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| 19 | 19 | | (b) A municipally owned utility of a home-rule municipality |
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| 20 | 20 | | shall provide wholesale water and sewer service to a general-law |
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| 21 | 21 | | municipality on the request of the general-law municipality, at the |
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| 22 | 22 | | level of service requested by the general-law municipality, if: |
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| 23 | 23 | | (1) the extraterritorial jurisdiction of the |
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| 24 | 24 | | home-rule municipality borders the extraterritorial jurisdiction |
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| 25 | 25 | | of the general-law municipality on January 1, 2015; |
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| 26 | 26 | | (2) the general-law municipality possesses a |
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| 27 | 27 | | certificate of public convenience and necessity; |
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| 28 | 28 | | (3) an aquifer provides the sole water supply for the |
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| 29 | 29 | | general-law municipality; |
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| 30 | 30 | | (4) a groundwater conservation district with |
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| 31 | 31 | | jurisdiction over the aquifer has determined that the aquifer has |
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| 32 | 32 | | limited capacity and experiences frequent droughts; and |
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| 33 | 33 | | (5) at least 50 percent of the territory of the |
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| 34 | 34 | | general-law municipality, including territory in the |
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| 35 | 35 | | municipality's corporate boundaries and extraterritorial |
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| 36 | 36 | | jurisdiction, is located in a recharge zone of the aquifer |
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| 37 | 37 | | described by Subdivision (3) and the groundwater conservation |
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| 38 | 38 | | district described by Subdivision (4) has determined that the |
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| 39 | 39 | | recharge zone is environmentally sensitive. |
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| 40 | 40 | | (c) A general-law municipality that makes a request under |
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| 41 | 41 | | this section is responsible for paying the costs of construction of |
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| 42 | 42 | | new facilities or extending existing facilities required for the |
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| 43 | 43 | | service. |
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| 44 | 44 | | (d) A municipally owned utility that receives a request |
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| 45 | 45 | | under this section: |
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| 46 | 46 | | (1) may request that the utility commission determine |
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| 47 | 47 | | whether the requesting municipality meets the requirements of |
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| 48 | 48 | | Subsection (b); and |
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| 49 | 49 | | (2) may not recover through its rates the costs of |
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| 50 | 50 | | construction of new facilities or extending existing facilities |
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| 51 | 51 | | required for the service. |
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| 52 | 52 | | SECTION 2. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2015. |
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