Bill Text: TX SB893 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the correction of a certificate of public convenience and necessity for providing water or sewer service.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2023-06-18 - Effective immediately [SB893 Detail]

Download: Texas-2023-SB893-Enrolled.html

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S.B. No. 893

AN ACT
relating to the correction of a certificate of public convenience
and necessity for providing water or sewer service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.244, Water Code, is amended by adding
Subsections (e) and (f) to read as follows:
(e) The executive director of the utility commission, at the
discretion of the executive director of the utility commission or
on the request of the certificate holder, may make a correction to a
certificate of public convenience and necessity, without observing
formal amendment procedures, by reissuing the certificate or
issuing an endorsement to the certificate. The executive director
of the utility commission shall notify the certificate holder that
the correction has been made and ensure that the reissued
certificate or endorsement is recorded in the commission's records.
The executive director of the utility commission may make a
correction under this subsection only:
(1) to correct a clerical or typographical error;
(2) to change the name of an incorporated certificate
holder on a certificate if:
(A) an amendment to the certificate holder's
articles of incorporation or certificate of formation, as
applicable, is filed with the secretary of state that only changes
the name of the certificate holder; and
(B) the certificate holder provides verification
from the secretary of state to the utility commission that the
amendment only changed the name of the certificate holder;
(3) to correct a mapping error in a certificate to
reflect the metes and bounds of the certificated area; or
(4) to correct another similar nonsubstantive error or
matter if authorized by the utility commission by rule.
(f) The executive director of the utility commission may not
make a correction under Subsection (e)(3) unless the certificate
holder:
(1) submits to the executive director of the utility
commission a written agreement between the certificate holder and
any other retail water or sewer service provider whose service area
is directly affected by the correction; and
(2) provides notice of the correction to any water or
sewer service customers whose retail service is directly affected
by the correction.
SECTION 2. Section 13.246(j), Water Code, is amended to
read as follows:
(j) This section does not apply to an application under
Section 13.258 or a correction under Section 13.244(e).
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 893 passed the Senate on
April 24, 2023, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 25, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 893 passed the House, with
amendment, on May 19, 2023, by the following vote: Yeas 129,
Nays 14, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor