Bill Text: TX SB1842 | 2017-2018 | 85th Legislature | Enrolled
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-Enrolled.html
S.B. No. 1842 |
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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 [ |
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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; [ |
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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 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 |