Texas 2025 - 89th Regular

Texas Senate Bill SB1413 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Nichols, Creighton S.B. No. 1413
2		-	(In the Senate - Filed February 19, 2025; March 6, 2025,
3		-	read first time and referred to Committee on Water, Agriculture and
4		-	Rural Affairs; April 15, 2025, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 7, Nays 0;
6		-	April 15, 2025, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1413 By: Hancock
	1	+	89R10822 ANG-D
	2	+	By: Nichols S.B. No. 1413
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13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15	9		relating to the procedure for amending or revoking certificates of
16	10		public convenience and necessity issued to certain water utilities.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Section 13.2541, Water Code, is amended by
19		-	amending ~~Subsections~~ (b~~), (b-1), (e), and (f~~) and adding
20		-	~~Subsections (b-2), (b-3), and (e-1) to read as~~ follows:
	13	+	amending Subsection (b) and adding Subsection (e-1) to read as
	14	+	follows:
21	15		(b) As an alternative to decertification or expedited
22	16		release under Section 13.254, the owner of a tract of land that is
23	17		at least 25 acres and that is not receiving water or sewer service
24	18		may petition for expedited release of the area from a certificate of
25	19		public convenience and necessity in the manner provided by this
26		-	section and is entitled to that release.
27		-	(b-1) This section applies only if the landowner's property
28		-	is located in:
29		-	(1) a county with a population of at least 1.2 million;
30		-	(2) [,] a county adjacent to a county with a population
31		-	of at least 1.2 million;
32		-	(3) [, or] a county with a population of more than
33		-	200,000 and less than 233,500 that does not contain a public or
34		-	private university that had a total enrollment in the most recent
35		-	fall semester of 40,000 or more; or
36		-	(4) a county adjacent to a county described by
37		-	Subdivision (2)[, and not in a county that has a population of more
38		-	than 50,500 and less than 52,000].
39		-	(b-2) This subsection applies only to a petition for a tract
40		-	of land located in a county described by Subsection (b-1)(4). The
41		-	petitioner shall provide written notice, by certified mail and
42		-	regular mail, to the certificate holder of the petitioner's intent
43		-	to petition the utility commission for expedited release of an area
44		-	from a certificate of public convenience and necessity under this
45		-	section not later than the 60th day before the date on which the
46		-	petitioner submits the petition to the utility commission. The
47		-	notice must include contact information for the property owner
48		-	whose tract or tracts are the subject of the petition. The
49		-	certificate holder may waive the notice required by this
50		-	subsection.
51		-	(b-3) [(b-1)] On the day a petitioner submits a petition to
52		-	the utility commission under this section, the petitioner shall
53		-	send, via certified mail, a copy of the petition to the certificate
54		-	holder, who may submit information to the utility commission to
55		-	controvert information submitted by the petitioner.
56		-	(e) The certificate holder may not initiate an application
57		-	to borrow money under a federal loan program after the date the
58		-	notice is provided or waived under Subsection (b-2) [petition is
59		-	filed] until the utility commission issues a decision on the
60		-	petition.
	20	+	section and is entitled to that release if the landowner's property
	21	+	is located in a county with a population of at least 1.2 million, a
	22	+	county adjacent to a county with a population of at least 1.2
	23	+	million, [or] a county with a population of more than 200,000 and
	24	+	less than 233,500 that does not contain a public or private
	25	+	university that had a total enrollment in the most recent fall
	26	+	semester of 40,000 or more, or a county adjacent to a county
	27	+	adjacent to a county with a population of at least 1.2 million [and
	28	+	not in a county that has a population of more than 50,500 and less
	29	+	than 52,000].
61	30		(e-1) A landowner that submits a petition under this section
62	31		may agree to pay to the certificate holder that is the subject of
63	32		the petition under this section an amount equal to the amount
64	33		necessary to pay or defease a federal loan for a certificate holder
65	34		that is a borrower under a federal loan program. On request from
66	35		the petitioner, the certificate holder must provide the petitioner
67	36		with the amount necessary to pay or defease the federal loan. The
68	37		utility commission may issue an order to require the certificate
69	38		holder to accept a loan payment or defeasance under this section.
70		-	(f) If the utility commission determines that compensation
71		-	to the certificate holder is owed under this section and Section
72		-	13.254(g), the [The] utility commission shall [may] require an
73		-	award of compensation to be paid by the petitioner to the
74		-	certificate holder [in the manner provided by this section]. If the
75		-	utility commission requires an award of compensation, the utility
76		-	commission shall require the petitioner to submit a report to the
77		-	utility commission verifying for the purposes of Subsection (j)
78		-	that the compensation has been paid to the certificate holder.
79	39		SECTION 2. The changes in law made by this Act apply only to
80	40		a proceeding affecting a certificate of public convenience and
81	41		necessity that commences on or after the effective date of this Act.
82	42		A proceeding affecting a certificate of public convenience and
83	43		necessity that commenced before the effective date of this Act is
84	44		governed by the law in effect on the date the proceeding is
85	45		commenced, and that law is continued in effect for that purpose.
86	46		SECTION 3. This Act takes effect September 1, 2025.
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