Bill Text: TX HB1279 | 2015-2016 | 84th Legislature | Comm Sub

Texas House Bill 1279 (Prior Session Legislation)

Bill Title: Relating to the authority of certain municipalities to provide sewer service to areas within the municipal boundaries without obtaining a certificate of public convenience and necessity.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2015-05-05 - Considered in Calendars [HB1279 Detail]

Download: Texas-2015-HB1279-Comm_Sub.html

	84R17807 GRM-F

	By: Schaefer, Geren	H.B. No. 1279

	Substitute the following for H.B. No. 1279:

	By: Elkins	C.S.H.B. No. 1279



	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of certain municipalities to provide
	sewer service to areas within the municipal boundaries without
	obtaining a certificate of public convenience and necessity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 13.247(a), Water Code, is amended to
	read as follows:
	(a) If an area is within the boundaries of a municipality,
	all retail public utilities certified or entitled to certification
	under this chapter to provide service or operate facilities in that
	area may continue and extend service in its area of public
	convenience and necessity within the area pursuant to the rights
	granted by its certificate and this chapter, unless the
	municipality exercises its power of eminent domain to acquire the
	property of the retail public utility under Subsection (d). Except
	as provided by Section 13.2475 or 13.255, a municipally owned or
	operated utility may not provide retail water and sewer utility
	service within the area certificated to another retail public
	utility without first having obtained from the utility commission a
	certificate of public convenience and necessity that includes the
	areas to be served.
	SECTION 2. Subchapter G, Chapter 13, Water Code, is amended
	by adding Section 13.2475 to read as follows:
	Sec. 13.2475. CERTIFICATES OF PUBLIC CONVENIENCE AND
	NECESSITY TO PROVIDE SEWER SERVICE IN CERTAIN MUNICIPALITIES. (a)
	This section applies only to a municipality:
	(1) with a population of more than 95,000;
	(2) located in a county that:
	(A) borders Lake Palestine; and
	(B) has a population of more than 200,000;
	(3) that owns and operates a utility that provides
	sewer service; and
	(4) that has an area within the boundaries of the
	municipality that is certificated to another retail public utility
	that provides sewer service.
	(b) A municipality may provide sewer service to an area
	entirely within the municipality's boundaries without first having
	to obtain from the utility commission a certificate of public
	convenience and necessity that includes the area to be served,
	regardless of whether the area to be served is certificated to
	another retail public utility.
	(c) Not less than 30 days before the municipality begins
	providing sewer service to an area certificated to another retail
	public utility, the municipality shall provide notice to the retail
	public utility and the utility commission of its intention to
	provide service to the area.
	(d) On receipt of the notice required by Subsection (c), a
	retail public utility may:
	(1) petition the utility commission to decertify its
	certificate for the area to be served by the municipality; or
	(2) discontinue service to the area to be served by the
	municipality, provided that there is no interruption of service to
	any customer.
	(e) This section may not be construed to limit the right of a
	retail public utility to provide service in an area certificated to
	the retail public utility.
	(f) This section does not expand a municipality's power of
	eminent domain under Chapter 21, Property Code.
	SECTION 3. As soon as practicable after the effective date
	of this Act, the Public Utility Commission of Texas shall adopt
	rules and establish procedures relating to the notice required
	under Section 13.2475, Water Code, as added by this Act.
	SECTION 4. This Act takes effect September 1, 2015.