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A BILL TO BE ENTITLED
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AN ACT
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relating to expedited release from a certificate of public |
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convenience and necessity for water and sewer service for certain |
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landowners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.254, Water Code, is amended by |
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amending Subsection (a-2) and adding Subsections (a-12) and (a-13) |
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to read as follows: |
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(a-2) A landowner is not entitled to make the election |
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described in Subsection (a-1) or (a-5) but is entitled to contest |
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under Subsection (a) the involuntary certification of its property |
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in a hearing held by the commission if the landowner's property is |
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located: |
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(1) within the boundaries of any municipality or the |
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extraterritorial jurisdiction of a municipality with a population |
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of more than 500,000 and the municipality or retail public utility |
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owned by the municipality is the holder of the certificate; or |
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(2) in a platted subdivision actually receiving water |
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or sewer service from a certificate holder other than a rural water |
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supply corporation that owes a debt to the federal government under |
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7 U.S.C. Section 1926. |
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(a-12) Notwithstanding Subsection (a-1), a landowner may |
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petition for expedited release under that subsection and is |
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entitled to that release if: |
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(1) the landowner's property is located in the |
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boundaries of a municipality; |
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(2) the certificate holder serving the landowner's |
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property is a rural water supply corporation that owes a debt to the |
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federal government under 7 U.S.C. Section 1926; and |
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(3) in addition to the requirements of Subsection |
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(a-1), the landowner demonstrates in the landowner's petition that |
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the rural water supply corporation has refused to provide or is not |
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capable of providing service in the same manner that the |
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municipality would be required to provide if the municipality held |
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the certificate for the landowner's property. |
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(a-13) A rural water supply corporation's status as a |
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borrower under a federal loan program does not prohibit the release |
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requested under Subsection (a-12). |
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SECTION 2. This Act takes effect September 1, 2013. |