| 1 | 1 | | 89R5768 SCR-D |
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| 2 | 2 | | By: Menéndez S.B. No. 1446 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the discontinuation, reduction, or impairment of water |
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| 10 | 10 | | service during drought conditions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 13.250(b) and (d), Water Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) Unless the utility commission issues a certificate that |
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| 15 | 15 | | neither the present nor future convenience and necessity will be |
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| 16 | 16 | | adversely affected, the holder of a certificate or a person who |
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| 17 | 17 | | possesses facilities used to provide utility service shall not |
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| 18 | 18 | | discontinue, reduce, or impair service to a certified service area |
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| 19 | 19 | | or part of a certified service area except [for]: |
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| 20 | 20 | | (1) for nonpayment of charges for services provided by |
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| 21 | 21 | | the certificate holder or a person who possesses facilities used to |
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| 22 | 22 | | provide utility service; |
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| 23 | 23 | | (2) for nonpayment of charges for sewer service |
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| 24 | 24 | | provided by another retail public utility under an agreement |
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| 25 | 25 | | between the retail public utility and the certificate holder or a |
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| 26 | 26 | | person who possesses facilities used to provide utility service or |
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| 27 | 27 | | under a utility commission-ordered arrangement between the two |
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| 28 | 28 | | service providers; |
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| 29 | 29 | | (3) for nonuse; [or] |
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| 30 | 30 | | (4) as necessary to maintain adequate water supplies |
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| 31 | 31 | | during drought conditions; or |
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| 32 | 32 | | (5) for other similar reasons in the usual course of |
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| 33 | 33 | | business. |
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| 34 | 34 | | (d) Except as provided by this subsection, a retail public |
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| 35 | 35 | | utility that has not been granted a certificate of public |
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| 36 | 36 | | convenience and necessity may not discontinue, reduce, or impair |
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| 37 | 37 | | retail water or sewer service to any ratepayer without approval of |
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| 38 | 38 | | the regulatory authority. Except as provided by this subsection, a |
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| 39 | 39 | | utility or water supply corporation that is allowed to operate |
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| 40 | 40 | | without a certificate of public convenience and necessity under |
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| 41 | 41 | | Section 13.242(c) may not discontinue, reduce, or impair retail |
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| 42 | 42 | | water or sewer service to any ratepayer without the approval of the |
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| 43 | 43 | | regulatory authority. Subject to rules of the regulatory |
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| 44 | 44 | | authority, a retail public utility, utility, or water supply |
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| 45 | 45 | | corporation described in this subsection may discontinue, reduce, |
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| 46 | 46 | | or impair retail water or sewer service [for]: |
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| 47 | 47 | | (1) for nonpayment of charges; |
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| 48 | 48 | | (2) for nonuse; [or] |
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| 49 | 49 | | (3) as necessary to maintain adequate water supplies |
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| 50 | 50 | | during drought conditions; or |
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| 51 | 51 | | (4) for other similar reasons in the usual course of |
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| 52 | 52 | | business. |
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| 53 | 53 | | SECTION 2. This Act takes effect September 1, 2025. |
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