87R6489 JXC-F
By: Wilson H.B. No. 1926
A BILL TO BE ENTITLED
AN ACT
relating to the extension of water or sewer service by certain
retail public utilities at the request of a developer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 13.2502, Water Code, is
amended to read as follows:
Sec. 13.2502. CERTAIN SERVICE EXTENSIONS BY WATER SUPPLY
AND SEWER SERVICE CORPORATION OR SPECIAL UTILITY DISTRICT NOT
REQUIRED.
SECTION 2. Subchapter G, Chapter 13, Water Code, is amended
by adding Section 13.2503 to read as follows:
Sec. 13.2503. DETERMINATION BEFORE SERVICE EXTENSION BY
WATER SUPPLY AND SEWER SERVICE CORPORATION OR SPECIAL UTILITY
DISTRICT. (a) In this section, "developer" means a person who
subdivides land or requests more than two water or sewer service
connections on a single contiguous tract of land.
(b) A water supply or sewer service corporation or a special
utility district organized under Chapter 65 that receives a request
from a developer for an extension of retail water or sewer utility
service for subdivided land or for more than two service
connections within the certificated area of the corporation or
district shall provide to the developer, not later than the 90th day
after the date the request is received, a written statement of:
(1) whether the corporation or district is capable of
providing the service requested in the time frame requested;
(2) the infrastructure the developer is required by
the service extension policy to supply in order to accommodate the
service;
(3) whether the corporation or district will use the
infrastructure described by Subdivision (2) solely to provide
service in the requested area; and
(4) the engineering details supporting the
infrastructure described by Subdivision (2).
(c) A developer who makes a request described by Subsection
(b) may petition the utility commission requesting a determination
under this section if the corporation or district:
(1) refused to extend service to the requested area
based on a conclusion that the developer has failed to comply with
the service extension policy of the corporation or district as set
forth in the tariff of the corporation or the policies of the
district; or
(2) did not provide the developer with the information
required by Subsection (b) before the 90th day after the date the
request was submitted.
(d) The developer must demonstrate in a petition authorized
under Subsection (c) that the developer's request for service was
in writing and identified the:
(1) area where service was requested;
(2) time frame in which service was requested to
begin; and
(3) level and manner of service needed for current and
projected service demands in the area.
(e) A water supply or sewer service corporation or a special
utility district organized under Chapter 65 that receives a request
described by Subsection (b) may petition the utility commission
requesting a determination under this section if the corporation or
district concludes that the developer refuses to comply with the
service extension policy of the corporation or district as set
forth in the tariff of the corporation or the policies of the
district.
(f) The corporation or district must demonstrate in a
petition authorized under Subsection (e) that the corporation or
district has complied with Subsection (b).
(g) If the utility commission receives a petition for a
determination under this section, the utility commission shall:
(1) require the developer and the corporation or
district to submit to the utility commission information necessary
for the utility commission to evaluate whether the service
extension policy of the corporation or district is reasonable as
applied to the developer; and
(2) provide an opportunity for an informal hearing on
the petition.
(h) Not later than the 90th day after the date the petition
is submitted to the utility commission, the utility commission
shall issue an order determining the requirements the developer
must comply with in order to receive the requested service.
(i) Chapter 2001, Government Code, does not apply to a
petition filed under this section. The decision of the utility
commission on the petition is final after any reconsideration
authorized by the utility commission's rules and may not be
appealed.
SECTION 3. This Act takes effect September 1, 2021.