|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to an application for the amendment of a certificate of |
|
public convenience and necessity in an area inside 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. Subchapter G, Chapter 13, Water Code, is amended |
|
by adding Section 13.258 to read as follows: |
|
Sec. 13.258. UTILITY'S APPLICATION FOR SERVICE INSIDE |
|
MUNICIPAL UTILITY DISTRICT UNDER CONTRACT. (a) Notwithstanding |
|
any other provision of this chapter, a Class A utility may apply to |
|
the commission to provide services inside the boundaries of a |
|
municipal utility district. |
|
(b) An application under this section must be accompanied |
|
by: |
|
(1) information identifying the applicant; |
|
(2) the name of the municipal utility district; |
|
(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 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. |
|
(c) For an application under this section, the utility |
|
commission may not require any information other than the |
|
information required by this section. |
|
(d) Not later than the 60th day after the date an applicant |
|
files an application 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 application is necessary for the |
|
service, accommodation, convenience, or safety of the public; and |
|
(2) grant the application. |
|
(e) The utility commission's decision under this section |
|
becomes final after reconsideration, if any, authorized by utility |
|
commission rule, and may not be appealed. |
|
(f) The consent of a municipality is not required for the |
|
utility commission to grant an application as provided by |
|
Subsection (a) for an area that is in the municipality's |
|
extraterritorial jurisdiction. |
|
(g) Sections 13.241(d) and 13.245 do not apply to an |
|
application under this section. |
|
(h) Chapter 2001, Government Code, does not apply to an |
|
application for an amendment of a certificate of public convenience |
|
and necessity under this section. |
|
SECTION 3. 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 application to |
|
provide service 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 4. 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 5. This Act takes effect September 1, 2017. |