Bill Text: TX SB2136 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to dual certification for water or sewer service in an area incorporated or annexed by certain municipalities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-24 - Referred to Water, Agriculture, & Rural Affairs [SB2136 Detail]
Download: Texas-2025-SB2136-Introduced.html
| 2025S0190-1 03/06/25 | ||
| By: Hinojosa of Hidalgo | S.B. No. 2136 | |
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| relating to dual certification for water or sewer service in an area | ||
| incorporated or annexed by certain municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 13.255, Water Code, is | ||
| amended to read as follows: | ||
| Sec. 13.255. SINGLE OR DUAL CERTIFICATION IN INCORPORATED | ||
| OR ANNEXED AREAS. | ||
| SECTION 2. Section 13.255, Water Code, is amended by adding | ||
| Subsections (n) and (o) to read as follows: | ||
| (n) Subsection (o) applies only to the most populous | ||
| municipality in a county that: | ||
| (1) is located on an international border; | ||
| (2) has a population of more than 800,000; and | ||
| (3) contains at least two municipalities each of which | ||
| has a population of 100,000 or more. | ||
| (o) As an alternative to single certification, a | ||
| municipality to which this subsection applies may provide to a | ||
| retail public utility that provides water or sewer service to all or | ||
| part of an area annexed or incorporated by the municipality | ||
| pursuant to a certificate of convenience and necessity notice that | ||
| the municipality intends to seek dual certification in the area as | ||
| provided under this subsection. The notice must indicate whether | ||
| the municipality intends to provide service through a municipally | ||
| owned utility or a franchised utility. The municipality and the | ||
| retail public utility may enter into an agreement for the purchase | ||
| of retail public utility facilities or property or that has other | ||
| terms on which the parties agree. If the municipality intends that | ||
| a franchised utility is to serve the area, the franchised utility | ||
| must be a party to the agreement. A municipality that delivers a | ||
| notice under this subsection may file an application with the | ||
| utility commission for dual certification that includes the notice | ||
| and any related agreement with the retail public utility. The | ||
| utility commission shall fix a time and place for a hearing on the | ||
| application and give notice of the hearing to the municipality and, | ||
| if any, the franchised utility and give notice of the application | ||
| and hearing to the retail public utility. The utility commission | ||
| shall grant dual certification to the municipality and amend | ||
| certificates of convenience and necessity as needed to authorize | ||
| the dual certification. Subsections (c)-(m), other than | ||
| Subsections (c-3) and (k), apply to a dual certification proceeding | ||
| under this subsection. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
