Texas 2017 - 85th Regular

Texas House Bill HB2777 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R24227 GRM-F
2	2	By: Phelan H.B. No. 2777
3	3	Substitute the following for H.B. No. 2777:
4	4	By: Larson C.S.H.B. No. 2777
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an application for the amendment of a certificate of
10	10	public convenience and necessity in an area within the boundaries
11	11	of a political subdivision.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 13.002, Water Code, is amended by adding
14	14	Subdivision (13-a) to read as follows:
15	15	(13-a) "Municipal utility district" means a political
16	16	subdivision of this state operating under Chapter 54.
17	17	SECTION 2. Section 13.244(a), Water Code, is amended to
18	18	read as follows:
19	19	(a) Except as provided by Section 13.258, to [To] obtain a
20	20	certificate of public convenience and necessity or an amendment to
21	21	a certificate, a public utility or water supply or sewer service
22	22	corporation shall submit to the utility commission an application
23	23	for a certificate or for an amendment as provided by this section.
24	24	SECTION 3. Section 13.246, Water Code, is amended by adding
25	25	Subsection (j) to read as follows:
26	26	(j) This section does not apply to an application under
27	27	Section 13.258.
28	28	SECTION 4. Subchapter G, Chapter 13, Water Code, is amended
29	29	by adding Section 13.258 to read as follows:
30	30	Sec. 13.258. UTILITY'S APPLICATION FOR AMENDMENT AND USE OF
31	31	MUNICIPAL UTILITY DISTRICT'S CERTIFICATE UNDER CONTRACT. (a)
32	32	Notwithstanding any other provision of this chapter, a Class A
33	33	utility may apply to the commission for an amendment of a
34	34	certificate of convenience and necessity held by a municipal
35	35	utility district to allow the utility to have the same rights and
36	36	powers under the certificate as the municipal utility district.
37	37	(b) This section does not apply to a certificate of
38	38	convenience and necessity held by a municipal utility district
39	39	located wholly or partly inside of the corporate limits or
40	40	extraterritorial jurisdiction of a municipality with a population
41	41	of two million or more.
42	42	(c) An application under this section must be accompanied
43	43	by:
44	44	(1) information identifying the applicant;
45	45	(2) the identifying number of the certificate of
46	46	convenience and necessity to be amended;
47	47	(3) the written consent of the municipal utility
48	48	district that holds the certificate of convenience and necessity;
49	49	(4) a written statement by the municipal utility
50	50	district that the application is supported by a contract between
51	51	the municipal utility district and the utility for the utility to
52	52	provide services inside the certificated area and inside the
53	53	boundaries of the municipal utility district; and
54	54	(5) a description of the proposed service area by:
55	55	(A) a metes and bounds survey certified by a
56	56	licensed state land surveyor or a registered professional land
57	57	surveyor;
58	58	(B) the Texas State Plane Coordinate System;
59	59	(C) verifiable landmarks, including roads,
60	60	creeks, or railroad lines; or
61	61	(D) if a recorded plat of the area exists, lot and
62	62	block number.
63	63	(d) For an application under this section, the utility
64	64	commission may not require any information other than the
65	65	information required by this section.
66	66	(e) Not later than the 60th day after the date an applicant
67	67	files an application for an amendment under this section, the
68	68	utility commission shall review whether the application is
69	69	complete. If the utility commission finds that the application is
70	70	complete, the utility commission shall:
71	71	(1) find that the amendment of the certificate is
72	72	necessary for the service, accommodation, convenience, or safety of
73	73	the public; and
74	74	(2) grant the application and amend the certificate.
75	75	(f) The utility commission's decision under this section
76	76	becomes final after reconsideration, if any, authorized by utility
77	77	commission rule, and may not be appealed.
78	78	(g) The consent of a municipality is not required for the
79	79	utility commission to amend a certificate as provided by Subsection
80	80	(a) for an area that is in the municipality's extraterritorial
81	81	jurisdiction.
82	82	(h) Sections 13.241(d) and 13.245 do not apply to an
83	83	application under this section.
84	84	(i) Chapter 2001, Government Code, does not apply to an
85	85	application for an amendment of a certificate of convenience and
86	86	necessity under this section.
87	87	SECTION 5. Section 341.035(d), Health and Safety Code, is
88	88	amended to read as follows:
89	89	(d) A person is not required to file a business plan under
90	90	Subsection (a)(1) or (b) if the person:
91	91	(1) is a county;
92	92	(2) is a retail public utility as defined by Section
93	93	13.002, Water Code, unless that person is a utility as defined by
94	94	that section;
95	95	(3) has executed an agreement with a political
96	96	subdivision to transfer the ownership and operation of the water
97	97	supply system to the political subdivision; [or]
98	98	(4) is a Class A utility, as defined by Section 13.002,
99	99	Water Code, that has applied for or been granted an amendment of a
100	100	certificate of convenience and necessity under Section 13.258,
101	101	Water Code, for the area in which the construction of the public
102	102	drinking water supply system will operate; or
103	103	(5) is a noncommunity nontransient water system and
104	104	the person has demonstrated financial assurance under Chapter 361
105	105	or 382 of this code or Chapter 26, Water Code.
106	106	SECTION 6. The change in law made by this Act applies only
107	107	to an application for an amendment of a certificate of public
108	108	convenience and necessity filed on or after the effective date of
109	109	this Act. An application filed before the effective date of this Act
110	110	is governed by the law in effect on the date the application is
111	111	filed, and the former law is continued in effect for that purpose.
112	112	SECTION 7. This Act takes effect September 1, 2017.