Texas 2017 - 85th Regular

Texas Senate Bill SB1842 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1842
	1	+	85R24227 GRM-F
	2	+	By: Lucio S.B. No. 1842
	3	+	(Phelan)
	4	+	Substitute the following for S.B. No. 1842: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to an application for the amendment of a certificate of
6	10		public convenience and necessity in an area within the boundaries
7	11		of a political subdivision.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Section 13.002, Water Code, is amended by adding
10	14		Subdivision (13-a) to read as follows:
11	15		(13-a) "Municipal utility district" means a political
12	16		subdivision of this state operating under Chapter 54.
13	17		SECTION 2. Section 13.244(a), Water Code, is amended to
14	18		read as follows:
15	19		(a) Except as provided by Section 13.258, to [To] obtain a
16	20		certificate of public convenience and necessity or an amendment to
17	21		a certificate, a public utility or water supply or sewer service
18	22		corporation shall submit to the utility commission an application
19	23		for a certificate or for an amendment as provided by this section.
20	24		SECTION 3. Section 13.246, Water Code, is amended by adding
21	25		Subsection (j) to read as follows:
22	26		(j) This section does not apply to an application under
23	27		Section 13.258.
24	28		SECTION 4. Subchapter G, Chapter 13, Water Code, is amended
25	29		by adding Section 13.258 to read as follows:
26	30		Sec. 13.258. UTILITY'S APPLICATION FOR AMENDMENT AND USE OF
27		-	MUNICIPAL UTILITY DISTRICT'S CERTIFICATE UNDER CONTRACT.
28		-	~~(a)~~ Notwithstanding any other provision of this chapter, a Class A
	31	+	MUNICIPAL UTILITY DISTRICT'S CERTIFICATE UNDER CONTRACT. (a)
	32	+	Notwithstanding any other provision of this chapter, a Class A
29	33		utility may apply to the commission for an amendment of a
30	34		certificate of convenience and necessity held by a municipal
31	35		utility district to allow the utility to have the same rights and
32	36		powers under the certificate as the municipal utility district.
33	37		(b) This section does not apply to a certificate of
34	38		convenience and necessity held by a municipal utility district
35	39		located wholly or partly inside of the corporate limits or
36	40		extraterritorial jurisdiction of a municipality with a population
37	41		of two million or more.
38	42		(c) An application under this section must be accompanied
39	43		by:
40	44		(1) information identifying the applicant;
41	45		(2) the identifying number of the certificate of
42	46		convenience and necessity to be amended;
43	47		(3) the written consent of the municipal utility
44	48		district that holds the certificate of convenience and necessity;
45	49		(4) a written statement by the municipal utility
46	50		district that the application is supported by a contract between
47	51		the municipal utility district and the utility for the utility to
48	52		provide services inside the certificated area and inside the
49	53		boundaries of the municipal utility district; and
50	54		(5) a description of the proposed service area by:
51	55		(A) a metes and bounds survey certified by a
52	56		licensed state land surveyor or a registered professional land
53	57		surveyor;
54	58		(B) the Texas State Plane Coordinate System;
55	59		(C) verifiable landmarks, including roads,
56	60		creeks, or railroad lines; or
57	61		(D) if a recorded plat of the area exists, lot and
58	62		block number.
59	63		(d) For an application under this section, the utility
60	64		commission may not require any information other than the
61	65		information required by this section.
62	66		(e) Not later than the 60th day after the date an applicant
63	67		files an application for an amendment under this section, the
64	68		utility commission shall review whether the application is
65	69		complete. If the utility commission finds that the application is
66	70		complete, the utility commission shall:
67	71		(1) find that the amendment of the certificate is
68	72		necessary for the service, accommodation, convenience, or safety of
69	73		the public; and
70	74		(2) grant the application and amend the certificate.
71	75		(f) The utility commission's decision under this section
72	76		becomes final after reconsideration, if any, authorized by utility
73	77		commission rule, and may not be appealed.
74	78		(g) The consent of a municipality is not required for the
75	79		utility commission to amend a certificate as provided by Subsection
76	80		(a) for an area that is in the municipality's extraterritorial
77	81		jurisdiction.
78	82		(h) Sections 13.241(d) and 13.245 do not apply to an
79	83		application under this section.
80	84		(i) Chapter 2001, Government Code, does not apply to an
81	85		application for an amendment of a certificate of convenience and
82	86		necessity under this section.
83	87		SECTION 5. Section 341.035(d), Health and Safety Code, is
84	88		amended to read as follows:
85	89		(d) A person is not required to file a business plan under
86	90		Subsection (a)(1) or (b) if the person:
87	91		(1) is a county;
88	92		(2) is a retail public utility as defined by Section
89	93		13.002, Water Code, unless that person is a utility as defined by
90	94		that section;
91	95		(3) has executed an agreement with a political
92	96		subdivision to transfer the ownership and operation of the water
93	97		supply system to the political subdivision; [or]
94	98		(4) is a Class A utility, as defined by Section 13.002,
95	99		Water Code, that has applied for or been granted an amendment of a
96	100		certificate of convenience and necessity under Section 13.258,
97	101		Water Code, for the area in which the construction of the public
98	102		drinking water supply system will operate; or
99	103		(5) is a noncommunity nontransient water system and
100	104		the person has demonstrated financial assurance under Chapter 361
101	105		or 382 of this code or Chapter 26, Water Code.
102	106		SECTION 6. The change in law made by this Act applies only
103	107		to an application for an amendment of a certificate of public
104	108		convenience and necessity filed on or after the effective date of
105		-	this Act. An application filed before the effective date of this
106		-	~~Act~~ is governed by the law in effect on the date the application is
	109	+	this Act. An application filed before the effective date of this Act
	110	+	is governed by the law in effect on the date the application is
107	111		filed, and the former law is continued in effect for that purpose.
108	112		SECTION 7. This Act takes effect September 1, 2017.
109		-	______________________________ ______________________________
110		-	President of the Senate Speaker of the House
111		-	I hereby certify that S.B. No. 1842 passed the Senate on
112		-	May 4, 2017, by the following vote: Yeas 31, Nays 0; and that the
113		-	Senate concurred in House amendment on May 26, 2017, by the
114		-	following vote: Yeas 29, Nays 2.
115		-	______________________________
116		-	Secretary of the Senate
117		-	I hereby certify that S.B. No. 1842 passed the House, with
118		-	amendment, on May 22, 2017, by the following vote: Yeas 139,
119		-	Nays 6, two present not voting.
120		-	______________________________
121		-	Chief Clerk of the House
122		-	Approved:
123		-	______________________________
124		-	Date
125		-	______________________________
126		-	Governor