89R5768 SCR-D
By: Menéndez S.B. No. 1446
A BILL TO BE ENTITLED
AN ACT
relating to the discontinuation, reduction, or impairment of water
service during drought conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 13.250(b) and (d), Water Code, are
amended to read as follows:
(b) Unless the utility commission issues a certificate that
neither the present nor future convenience and necessity will be
adversely affected, the holder of a certificate or a person who
possesses facilities used to provide utility service shall not
discontinue, reduce, or impair service to a certified service area
or part of a certified service area except [for]:
(1) for nonpayment of charges for services provided by
the certificate holder or a person who possesses facilities used to
provide utility service;
(2) for nonpayment of charges for sewer service
provided by another retail public utility under an agreement
between the retail public utility and the certificate holder or a
person who possesses facilities used to provide utility service or
under a utility commission-ordered arrangement between the two
service providers;
(3) for nonuse; [or]
(4) as necessary to maintain adequate water supplies
during drought conditions; or
(5) for other similar reasons in the usual course of
business.
(d) Except as provided by this subsection, a retail public
utility that has not been granted a certificate of public
convenience and necessity may not discontinue, reduce, or impair
retail water or sewer service to any ratepayer without approval of
the regulatory authority. Except as provided by this subsection, a
utility or water supply corporation that is allowed to operate
without a certificate of public convenience and necessity under
Section 13.242(c) may not discontinue, reduce, or impair retail
water or sewer service to any ratepayer without the approval of the
regulatory authority. Subject to rules of the regulatory
authority, a retail public utility, utility, or water supply
corporation described in this subsection may discontinue, reduce,
or impair retail water or sewer service [for]:
(1) for nonpayment of charges;
(2) for nonuse; [or]
(3) as necessary to maintain adequate water supplies
during drought conditions; or
(4) for other similar reasons in the usual course of
business.
SECTION 2. This Act takes effect September 1, 2025.