Bill Text: TX HB3476 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certificates of public convenience and necessity issued to water utilities inside the boundaries or extraterritorial jurisdiction of certain municipalities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3476 Detail]
Download: Texas-2021-HB3476-Comm_Sub.html
Bill Title: Relating to certificates of public convenience and necessity issued to water utilities inside the boundaries or extraterritorial jurisdiction of certain municipalities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3476 Detail]
Download: Texas-2021-HB3476-Comm_Sub.html
By: Schofield | H.B. No. 3476 | |
(Senate Sponsor - Bettencourt, Campbell) | ||
(In the Senate - Received from the House May 3, 2021; | ||
May 10, 2021, read first time and referred to Committee on Water, | ||
Agriculture & Rural Affairs; May 20, 2021, reported adversely, | ||
with favorable Committee Substitute by the following vote: Yeas 8, | ||
Nays 1; May 20, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3476 | By: Perry |
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relating to certificates of public convenience and necessity issued | ||
to water utilities inside the boundaries or extraterritorial | ||
jurisdiction of certain municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.245, Water Code, is amended by | ||
amending Subsections (b), (c-3), (c-4), and (c-5) and adding | ||
Subsection (c-6) to read as follows: | ||
(b) Except as provided by Subsections (c), (c-1), and (c-2), | ||
the utility commission may not grant to a retail public utility a | ||
certificate of public convenience and necessity for a service area | ||
within the boundaries or extraterritorial jurisdiction of a | ||
municipality without the consent of the municipality. The | ||
municipality may not unreasonably withhold the consent. [ |
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(c-3) The utility commission must include, as a condition of | ||
a certificate of public convenience and necessity granted under | ||
Subsection (c-1) or (c-2) for a service area within the boundaries | ||
of a municipality, that all water and sewer facilities be designed | ||
and constructed in accordance with the municipality's standards for | ||
water and sewer facilities. | ||
(c-4) The utility commission must include, as a condition of | ||
a certificate of public convenience and necessity granted under | ||
this section for a service area within the extraterritorial | ||
jurisdiction of a municipality, that all water and sewer facilities | ||
be designed and constructed in accordance with: | ||
(1) the commission's standards for water and sewer | ||
facilities applicable to water systems that serve greater than 250 | ||
connections; or | ||
(2) the commission's standards for water and sewer | ||
facilities applicable to water systems that serve 250 or fewer | ||
connections, if the utility commission determines that: | ||
(A) standards for water and sewer facilities | ||
applicable to water systems that serve 250 or fewer connections are | ||
appropriate for the service area; and | ||
(B) regionalization of the retail public utility | ||
or consolidation of the retail public utility with another retail | ||
public utility is not economically feasible under Section | ||
13.241(d). | ||
(c-5) Subsections (c-1), (c-2), [ |
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not apply to: | ||
(1) a county that borders the United Mexican States | ||
and the Gulf of Mexico or a county adjacent to such a county; | ||
(2) a county with a population of more than 30,000 and | ||
less than 35,000 that borders the Red River; or | ||
(3) a county with a population of more than 100,000 and | ||
less than 200,000 that borders a county described by Subdivision | ||
(2). | ||
(c-6) [ |
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(c-4) do not apply to: | ||
(1) a county with a population of 130,000 or more that | ||
is adjacent to a county with a population of 1.5 million or more | ||
that is within 200 miles of an international border; or | ||
(2) a county with a population of more than 40,000 and | ||
less than 50,000 that contains a portion of the San Antonio River. | ||
SECTION 2. This Act takes effect September 1, 2021. | ||
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