Texas 2015 - 84th Regular

Texas House Bill HB3782 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11351 JXC-D
2	2	By: Crownover H.B. No. 3782
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain municipalities to provide
8	8	water and sewer service to areas within the municipal boundaries
9	9	without obtaining a certificate of public convenience and
10	10	necessity.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 13.247(a), Water Code, is amended to
13	13	read as follows:
14	14	(a) If an area is within the boundaries of a municipality,
15	15	all retail public utilities certified or entitled to certification
16	16	under this chapter to provide service or operate facilities in that
17	17	area may continue and extend service in its area of public
18	18	convenience and necessity within the area pursuant to the rights
19	19	granted by its certificate and this chapter, unless the
20	20	municipality exercises its power of eminent domain to acquire the
21	21	property of the retail public utility under Subsection (d). Except
22	22	as provided by Section 13.2476 or 13.255, a municipally owned or
23	23	operated utility may not provide retail water and sewer utility
24	24	service within the area certificated to another retail public
25	25	utility without first having obtained from the utility commission a
26	26	certificate of public convenience and necessity that includes the
27	27	areas to be served.
28	28	SECTION 2. Subchapter G, Chapter 13, Water Code, is amended
29	29	by adding Section 13.2476 to read as follows:
30	30	Sec. 13.2476. CERTIFICATES OF PUBLIC CONVENIENCE AND
31	31	NECESSITY TO PROVIDE WATER AND SEWER SERVICE IN CERTAIN
32	32	MUNICIPALITIES. (a) This section applies only to a municipality:
33	33	(1) with a population of less than 50,000; and
34	34	(2) that has an area within the boundaries of the
35	35	municipality that is certificated to an investor-owned utility that
36	36	provides water and sewer service through 10,000 or more taps or
37	37	connections inside and outside the municipality.
38	38	(b) A municipality may provide water and sewer service to an
39	39	area entirely within the municipality's boundaries without first
40	40	having to obtain from the utility commission a certificate of
41	41	public convenience and necessity that includes the area to be
42	42	served, regardless of whether the area to be served is certificated
43	43	to a public utility.
44	44	(c) Not less than 30 days before the municipality begins
45	45	providing water or sewer service to an area certificated to a public
46	46	utility, the municipality shall provide notice to the utility and
47	47	the utility commission of its intention to provide service to the
48	48	area.
49	49	(d) On receipt of the notice required by Subsection (c), a
50	50	public utility may:
51	51	(1) petition the utility commission to decertify its
52	52	certificate for the area to be served by the municipality; or
53	53	(2) discontinue service to the area to be served by the
54	54	municipality.
55	55	(e) This section may not be construed to limit the right of a
56	56	public utility to provide service in an area certificated to the
57	57	utility.
58	58	(f) This section does not expand a municipality's power of
59	59	eminent domain under Chapter 21, Property Code.
60	60	SECTION 3. As soon as practicable after the effective date
61	61	of this Act, the Public Utility Commission of Texas shall adopt
62	62	rules and establish procedures relating to the notice required
63	63	under Section 13.2476, Water Code, as added by this Act.
64	64	SECTION 4. This Act takes effect September 1, 2015.