Texas 2021 - 87th Regular

Texas House Bill HB3476 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3476
	1	+	By: Schofield H.B. No. 3476
	2	+	(Senate Sponsor - Bettencourt, Campbell)
	3	+	(In the Senate - Received from the House May 3, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on Water,
	5	+	Agriculture & Rural Affairs; May 20, 2021, reported adversely,
	6	+	with favorable Committee Substitute by the following vote: Yeas 8,
	7	+	Nays 1; May 20, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3476 By: Perry
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to certificates of public convenience and necessity issued
6	15		to water utilities inside the boundaries or extraterritorial
7	16		jurisdiction of certain municipalities.
8	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	18		SECTION 1. Section 13.245, Water Code, is amended by
10	19		amending Subsections (b), (c-3), (c-4), and (c-5) and adding
11	20		Subsection (c-6) to read as follows:
12	21		(b) Except as provided by Subsections (c), (c-1), and (c-2),
13	22		the utility commission may not grant to a retail public utility a
14	23		certificate of public convenience and necessity for a service area
15	24		within the boundaries or extraterritorial jurisdiction of a
16	25		municipality without the consent of the municipality. The
17	26		municipality may not unreasonably withhold the consent. [As a
18	27		condition of the consent, a municipality may require that all water
19	28		and sewer facilities be designed and constructed in accordance with
20	29		the municipality's standards for facilities.]
21	30		(c-3) The utility commission must include, as a condition of
22	31		a certificate of public convenience and necessity granted under
23	32		Subsection (c-1) or (c-2) for a service area within the boundaries
24	33		of a municipality, that all water and sewer facilities be designed
25	34		and constructed in accordance with the municipality's standards for
26	35		water and sewer facilities.
27	36		(c-4) The utility commission must include, as a condition of
28	37		a certificate of public convenience and necessity granted under
29	38		this section for a service area within the extraterritorial
30	39		jurisdiction of a municipality, that all water and sewer facilities
31	40		be designed and constructed in accordance with:
32	41		(1) the commission's standards for water and sewer
33	42		facilities applicable to water systems that serve greater than 250
34	43		connections; or
35	44		(2) the commission's standards for water and sewer
36	45		facilities applicable to water systems that serve 250 or fewer
37	46		connections, if the utility commission determines that:
38	47		(A) standards for water and sewer facilities
39	48		applicable to water systems that serve 250 or fewer connections are
40	49		appropriate for the service area; and
41	50		(B) regionalization of the retail public utility
42	51		or consolidation of the retail public utility with another retail
43	52		public utility is not economically feasible under Section
44	53		13.241(d).
45	54		(c-5) Subsections (c-1), (c-2), [and] (c-3), and (c-4) do
46	55		not apply to:
47	56		(1) a county that borders the United Mexican States
48	57		and the Gulf of Mexico or a county adjacent to such a county;
49	58		(2) a county with a population of more than 30,000 and
50	59		less than 35,000 that borders the Red River; or
51	60		(3) a county with a population of more than 100,000 and
52	61		less than 200,000 that borders a county described by Subdivision
53	62		(2).
54	63		(c-6) [(c-5)] Subsections (c-1), (c-2), [and] (c-3), and
55	64		(c-4) do not apply to:
56	65		(1) a county with a population of 130,000 or more that
57	66		is adjacent to a county with a population of 1.5 million or more
58	67		that is within 200 miles of an international border; or
59	68		(2) a county with a population of more than 40,000 and
60	69		less than 50,000 that contains a portion of the San Antonio River.
61	70		SECTION 2. This Act takes effect September 1, 2021.
62		-	______________________________ ______________________________
63		-	President of the Senate Speaker of the House
64		-	I certify that H.B. No. 3476 was passed by the House on April
65		-	29, 2021, by the following vote: Yeas 142, Nays 4, 1 present, not
66		-	voting; that the House refused to concur in Senate amendments to
67		-	H.B. No. 3476 on May 28, 2021, and requested the appointment of a
68		-	conference committee to consider the differences between the two
69		-	houses; and that the House adopted the conference committee report
70		-	on H.B. No. 3476 on May 30, 2021, by the following vote: Yeas 144,
71		-	Nays 0, 1 present, not voting.
72		-	______________________________
73		-	Chief Clerk of the House
74		-	I certify that H.B. No. 3476 was passed by the Senate, with
75		-	amendments, on May 21, 2021, by the following vote: Yeas 29, Nays
76		-	2; at the request of the House, the Senate appointed a conference
77		-	committee to consider the differences between the two houses; and
78		-	that the Senate adopted the conference committee report on H.B. No.
79		-	3476 on May 29, 2021, by the following vote: Yeas 29, Nays 2.
80		-	______________________________
81		-	Secretary of the Senate
82		-	APPROVED: __________________
83		-	Date
84		-	__________________
85		-	Governor
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