|
|
|
|
AN ACT
|
|
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. |
|
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. Section 13.244(a), Water Code, is amended to |
|
read as follows: |
|
(a) Except as provided by Section 13.258, to [To] obtain a |
|
certificate of public convenience and necessity or an amendment to |
|
a certificate, a public utility or water supply or sewer service |
|
corporation shall submit to the utility commission an application |
|
for a certificate or for an amendment as provided by this section. |
|
SECTION 3. Section 13.246, Water Code, is amended by adding |
|
Subsection (j) to read as follows: |
|
(j) This section does not apply to an application under |
|
Section 13.258. |
|
SECTION 4. Subchapter G, Chapter 13, Water Code, is amended |
|
by adding Section 13.258 to read as follows: |
|
Sec. 13.258. UTILITY'S APPLICATION FOR AMENDMENT AND USE OF |
|
MUNICIPAL UTILITY DISTRICT'S CERTIFICATE UNDER CONTRACT. |
|
(a) Notwithstanding any other provision of this chapter, a Class A |
|
utility may apply to the commission for an amendment of a |
|
certificate of convenience and necessity held by a municipal |
|
utility district to allow the utility to have the same rights and |
|
powers under the certificate as the municipal utility district. |
|
(b) This section does not apply to a certificate of |
|
convenience and necessity held by a municipal utility district |
|
located wholly or partly inside of the corporate limits or |
|
extraterritorial jurisdiction of a municipality with a population |
|
of two million or more. |
|
(c) An application under this section must be accompanied |
|
by: |
|
(1) information identifying the applicant; |
|
(2) the identifying number of the certificate of |
|
convenience and necessity to be amended; |
|
(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 certificated area and 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. |
|
(d) For an application under this section, the utility |
|
commission may not require any information other than the |
|
information required by this section. |
|
(e) Not later than the 60th day after the date an applicant |
|
files an application for an amendment 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 amendment of the certificate is |
|
necessary for the service, accommodation, convenience, or safety of |
|
the public; and |
|
(2) grant the application and amend the certificate. |
|
(f) The utility commission's decision under this section |
|
becomes final after reconsideration, if any, authorized by utility |
|
commission rule, and may not be appealed. |
|
(g) The consent of a municipality is not required for the |
|
utility commission to amend a certificate as provided by Subsection |
|
(a) for an area that is in the municipality's extraterritorial |
|
jurisdiction. |
|
(h) Sections 13.241(d) and 13.245 do not apply to an |
|
application under this section. |
|
(i) Chapter 2001, Government Code, does not apply to an |
|
application for an amendment of a certificate of convenience and |
|
necessity under this section. |
|
SECTION 5. 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; [or] |
|
(4) is a Class A utility, as defined by Section 13.002, |
|
Water Code, that has applied for or been granted an amendment of a |
|
certificate of convenience and necessity 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 6. 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 7. This Act takes effect September 1, 2017. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1842 passed the Senate on |
|
May 4, 2017, by the following vote: Yeas 31, Nays 0; and that the |
|
Senate concurred in House amendment on May 26, 2017, by the |
|
following vote: Yeas 29, Nays 2. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1842 passed the House, with |
|
amendment, on May 22, 2017, by the following vote: Yeas 139, |
|
Nays 6, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |