Texas 2021 - 87th Regular

Texas House Bill HB1926 Compare Versions

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

Old	New	Differences
1	1	87R6489 JXC-F
2	2	By: Wilson H.B. No. 1926
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the extension of water or sewer service by certain
8	8	retail public utilities at the request of a developer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 13.2502, Water Code, is
11	11	amended to read as follows:
12	12	Sec. 13.2502. CERTAIN SERVICE EXTENSIONS BY WATER SUPPLY
13	13	AND SEWER SERVICE CORPORATION OR SPECIAL UTILITY DISTRICT NOT
14	14	REQUIRED.
15	15	SECTION 2. Subchapter G, Chapter 13, Water Code, is amended
16	16	by adding Section 13.2503 to read as follows:
17	17	Sec. 13.2503. DETERMINATION BEFORE SERVICE EXTENSION BY
18	18	WATER SUPPLY AND SEWER SERVICE CORPORATION OR SPECIAL UTILITY
19	19	DISTRICT. (a) In this section, "developer" means a person who
20	20	subdivides land or requests more than two water or sewer service
21	21	connections on a single contiguous tract of land.
22	22	(b) A water supply or sewer service corporation or a special
23	23	utility district organized under Chapter 65 that receives a request
24	24	from a developer for an extension of retail water or sewer utility
25	25	service for subdivided land or for more than two service
26	26	connections within the certificated area of the corporation or
27	27	district shall provide to the developer, not later than the 90th day
28	28	after the date the request is received, a written statement of:
29	29	(1) whether the corporation or district is capable of
30	30	providing the service requested in the time frame requested;
31	31	(2) the infrastructure the developer is required by
32	32	the service extension policy to supply in order to accommodate the
33	33	service;
34	34	(3) whether the corporation or district will use the
35	35	infrastructure described by Subdivision (2) solely to provide
36	36	service in the requested area; and
37	37	(4) the engineering details supporting the
38	38	infrastructure described by Subdivision (2).
39	39	(c) A developer who makes a request described by Subsection
40	40	(b) may petition the utility commission requesting a determination
41	41	under this section if the corporation or district:
42	42	(1) refused to extend service to the requested area
43	43	based on a conclusion that the developer has failed to comply with
44	44	the service extension policy of the corporation or district as set
45	45	forth in the tariff of the corporation or the policies of the
46	46	district; or
47	47	(2) did not provide the developer with the information
48	48	required by Subsection (b) before the 90th day after the date the
49	49	request was submitted.
50	50	(d) The developer must demonstrate in a petition authorized
51	51	under Subsection (c) that the developer's request for service was
52	52	in writing and identified the:
53	53	(1) area where service was requested;
54	54	(2) time frame in which service was requested to
55	55	begin; and
56	56	(3) level and manner of service needed for current and
57	57	projected service demands in the area.
58	58	(e) A water supply or sewer service corporation or a special
59	59	utility district organized under Chapter 65 that receives a request
60	60	described by Subsection (b) may petition the utility commission
61	61	requesting a determination under this section if the corporation or
62	62	district concludes that the developer refuses to comply with the
63	63	service extension policy of the corporation or district as set
64	64	forth in the tariff of the corporation or the policies of the
65	65	district.
66	66	(f) The corporation or district must demonstrate in a
67	67	petition authorized under Subsection (e) that the corporation or
68	68	district has complied with Subsection (b).
69	69	(g) If the utility commission receives a petition for a
70	70	determination under this section, the utility commission shall:
71	71	(1) require the developer and the corporation or
72	72	district to submit to the utility commission information necessary
73	73	for the utility commission to evaluate whether the service
74	74	extension policy of the corporation or district is reasonable as
75	75	applied to the developer; and
76	76	(2) provide an opportunity for an informal hearing on
77	77	the petition.
78	78	(h) Not later than the 90th day after the date the petition
79	79	is submitted to the utility commission, the utility commission
80	80	shall issue an order determining the requirements the developer
81	81	must comply with in order to receive the requested service.
82	82	(i) Chapter 2001, Government Code, does not apply to a
83	83	petition filed under this section. The decision of the utility
84	84	commission on the petition is final after any reconsideration
85	85	authorized by the utility commission's rules and may not be
86	86	appealed.
87	87	SECTION 3. This Act takes effect September 1, 2021.