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A BILL TO BE ENTITLED
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AN ACT
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relating to an application for the amendment of a certificate of |
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public convenience and necessity in an area within the boundaries |
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of a political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002, Water Code, is amended by adding |
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Subdivision (13-a) to read as follows: |
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(13-a) "Municipal utility district" means a political |
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subdivision of this state operating under Chapter 54. |
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SECTION 2. Section 13.244(a), Water Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 13.258, to [To] obtain a |
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certificate of public convenience and necessity or an amendment to |
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a certificate, a public utility or water supply or sewer service |
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corporation shall submit to the utility commission an application |
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for a certificate or for an amendment as provided by this section. |
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SECTION 3. Section 13.246, Water Code, is amended by adding |
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Subsection (j) to read as follows: |
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(j) This section does not apply to an application under |
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Section 13.258. |
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SECTION 4. Subchapter G, Chapter 13, Water Code, is amended |
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by adding Section 13.258 to read as follows: |
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Sec. 13.258. UTILITY'S APPLICATION FOR AMENDMENT AND USE OF |
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MUNICIPAL UTILITY DISTRICT'S CERTIFICATE UNDER CONTRACT. (a) |
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Notwithstanding any other provision of this chapter, a Class A |
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utility may apply to the commission for an amendment of a |
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certificate of convenience and necessity held by a municipal |
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utility district to allow the utility to have the same rights and |
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powers under the certificate as the municipal utility district. |
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(b) This section does not apply to a certificate of |
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convenience and necessity held by a municipal utility district |
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located wholly or partly inside of the corporate limits or |
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extraterritorial jurisdiction of a municipality with a population |
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of two million or more. |
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(c) An application under this section must be accompanied |
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by: |
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(1) information identifying the applicant; |
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(2) the identifying number of the certificate of |
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convenience and necessity to be amended; |
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(3) the written consent of the municipal utility |
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district that holds the certificate of convenience and necessity; |
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(4) a written statement by the municipal utility |
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district that the application is supported by a contract between |
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the municipal utility district and the utility for the utility to |
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provide services inside the certificated area and inside the |
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boundaries of the municipal utility district; and |
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(5) a description of the proposed service area by: |
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(A) a metes and bounds survey certified by a |
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licensed state land surveyor or a registered professional land |
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surveyor; |
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(B) the Texas State Plane Coordinate System; |
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(C) verifiable landmarks, including roads, |
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creeks, or railroad lines; or |
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(D) if a recorded plat of the area exists, lot and |
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block number. |
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(d) For an application under this section, the utility |
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commission may not require any information other than the |
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information required by this section. |
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(e) Not later than the 60th day after the date an applicant |
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files an application for an amendment under this section, the |
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utility commission shall review whether the application is |
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complete. If the utility commission finds that the application is |
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complete, the utility commission shall: |
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(1) find that the amendment of the certificate is |
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necessary for the service, accommodation, convenience, or safety of |
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the public; and |
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(2) grant the application and amend the certificate. |
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(f) The utility commission's decision under this section |
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becomes final after reconsideration, if any, authorized by utility |
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commission rule, and may not be appealed. |
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(g) The consent of a municipality is not required for the |
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utility commission to amend a certificate as provided by Subsection |
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(a) for an area that is in the municipality's extraterritorial |
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jurisdiction. |
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(h) Sections 13.241(d) and 13.245 do not apply to an |
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application under this section. |
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(i) Chapter 2001, Government Code, does not apply to an |
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application for an amendment of a certificate of convenience and |
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necessity under this section. |
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SECTION 5. Section 341.035(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A person is not required to file a business plan under |
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Subsection (a)(1) or (b) if the person: |
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(1) is a county; |
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(2) is a retail public utility as defined by Section |
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13.002, Water Code, unless that person is a utility as defined by |
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that section; |
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(3) has executed an agreement with a political |
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subdivision to transfer the ownership and operation of the water |
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supply system to the political subdivision; [or] |
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(4) is a Class A utility, as defined by Section 13.002, |
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Water Code, that has applied for or been granted an amendment of a |
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certificate of convenience and necessity under Section 13.258, |
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Water Code, for the area in which the construction of the public |
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drinking water supply system will operate; or |
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(5) is a noncommunity nontransient water system and |
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the person has demonstrated financial assurance under Chapter 361 |
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or 382 of this code or Chapter 26, Water Code. |
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SECTION 6. The change in law made by this Act applies only |
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to an application for an amendment of a certificate of public |
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convenience and necessity filed on or after the effective date of |
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this Act. An application filed before the effective date of this Act |
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is governed by the law in effect on the date the application is |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |