Bill Text: TX SB1842 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an application for the amendment of a certificate of public convenience and necessity in an area within the boundaries of a political subdivision.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1842 Detail]
Download: Texas-2017-SB1842-Comm_Sub.html
Bill Title: Relating to an application for the amendment of a certificate of public convenience and necessity in an area within the boundaries of a political subdivision.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1842 Detail]
Download: Texas-2017-SB1842-Comm_Sub.html
By: Lucio | S.B. No. 1842 | |
(In the Senate - Filed March 10, 2017; March 23, 2017, read | ||
first time and referred to Committee on Intergovernmental | ||
Relations; April 19, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 5, Nays 0, | ||
1 present not voting; April 19, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1842 | By: Lucio |
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relating to an application for the amendment of a certificate of | ||
public convenience and necessity in an area inside the boundaries | ||
of a political subdivision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.002, Water Code, is amended by adding | ||
Subdivision (13-a) to read as follows: | ||
(13-a) "Municipal utility district" means a political | ||
subdivision of this state operating under Chapter 54. | ||
SECTION 2. Subchapter G, Chapter 13, Water Code, is amended | ||
by adding Section 13.258 to read as follows: | ||
Sec. 13.258. UTILITY'S APPLICATION FOR SERVICE INSIDE | ||
MUNICIPAL UTILITY DISTRICT UNDER CONTRACT. (a) Notwithstanding | ||
any other provision of this chapter, a Class A utility may apply to | ||
the commission to provide services inside the boundaries of a | ||
municipal utility district. | ||
(b) An application under this section must be accompanied | ||
by: | ||
(1) information identifying the applicant; | ||
(2) the name of the municipal utility district; | ||
(3) the written consent of the municipal utility | ||
district that holds the certificate of convenience and necessity; | ||
(4) a written statement by the municipal utility | ||
district that the application is supported by a contract between | ||
the municipal utility district and the utility for the utility to | ||
provide services inside the boundaries of the municipal utility | ||
district; and | ||
(5) a description of the proposed service area by: | ||
(A) a metes and bounds survey certified by a | ||
licensed state land surveyor or a registered professional land | ||
surveyor; | ||
(B) the Texas State Plane Coordinate System; | ||
(C) verifiable landmarks, including roads, | ||
creeks, or railroad lines; or | ||
(D) if a recorded plat of the area exists, lot and | ||
block number. | ||
(c) For an application under this section, the utility | ||
commission may not require any information other than the | ||
information required by this section. | ||
(d) Not later than the 60th day after the date an applicant | ||
files an application under this section, the utility commission | ||
shall review whether the application is complete. If the utility | ||
commission finds that the application is complete, the utility | ||
commission shall: | ||
(1) find that the application is necessary for the | ||
service, accommodation, convenience, or safety of the public; and | ||
(2) grant the application. | ||
(e) The utility commission's decision under this section | ||
becomes final after reconsideration, if any, authorized by utility | ||
commission rule, and may not be appealed. | ||
(f) The consent of a municipality is not required for the | ||
utility commission to grant an application as provided by | ||
Subsection (a) for an area that is in the municipality's | ||
extraterritorial jurisdiction. | ||
(g) Sections 13.241(d) and 13.245 do not apply to an | ||
application under this section. | ||
(h) Chapter 2001, Government Code, does not apply to an | ||
application for an amendment of a certificate of public convenience | ||
and necessity under this section. | ||
SECTION 3. Section 341.035(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) A person is not required to file a business plan under | ||
Subsection (a)(1) or (b) if the person: | ||
(1) is a county; | ||
(2) is a retail public utility as defined by Section | ||
13.002, Water Code, unless that person is a utility as defined by | ||
that section; | ||
(3) has executed an agreement with a political | ||
subdivision to transfer the ownership and operation of the water | ||
supply system to the political subdivision; [ |
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(4) is a Class A utility, as defined by Section 13.002, | ||
Water Code, that has applied for or been granted an application to | ||
provide service under Section 13.258, Water Code, for the area in | ||
which the construction of the public drinking water supply system | ||
will operate; or | ||
(5) is a noncommunity nontransient water system and | ||
the person has demonstrated financial assurance under Chapter 361 | ||
or 382 of this code or Chapter 26, Water Code. | ||
SECTION 4. The change in law made by this Act applies only | ||
to an application for an amendment of a certificate of public | ||
convenience and necessity filed on or after the effective date of | ||
this Act. An application filed before the effective date of this | ||
Act is governed by the law in effect on the date the application is | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2017. | ||
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