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AN ACT
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relating to certificates of public convenience and necessity issued |
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to water utilities inside the boundaries or extraterritorial |
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jurisdiction of certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.245, Water Code, is amended by |
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amending Subsections (b), (c-3), (c-4), and (c-5) and adding |
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Subsection (c-6) to read as follows: |
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(b) Except as provided by Subsections (c), (c-1), and (c-2), |
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the utility commission may not grant to a retail public utility a |
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certificate of public convenience and necessity for a service area |
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within the boundaries or extraterritorial jurisdiction of a |
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municipality without the consent of the municipality. The |
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municipality may not unreasonably withhold the consent. [As a |
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condition of the consent, a municipality may require that all water |
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and sewer facilities be designed and constructed in accordance with |
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the municipality's standards for facilities.] |
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(c-3) The utility commission must include, as a condition of |
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a certificate of public convenience and necessity granted under |
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Subsection (c-1) or (c-2) for a service area within the boundaries |
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of a municipality, that all water and sewer facilities be designed |
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and constructed in accordance with the municipality's standards for |
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water and sewer facilities. |
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(c-4) The utility commission must include, as a condition of |
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a certificate of public convenience and necessity granted under |
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this section for a service area within the extraterritorial |
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jurisdiction of a municipality, that all water and sewer facilities |
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be designed and constructed in accordance with: |
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(1) the commission's standards for water and sewer |
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facilities applicable to water systems that serve greater than 250 |
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connections; or |
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(2) the commission's standards for water and sewer |
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facilities applicable to water systems that serve 250 or fewer |
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connections, if the utility commission determines that: |
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(A) standards for water and sewer facilities |
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applicable to water systems that serve 250 or fewer connections are |
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appropriate for the service area; and |
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(B) regionalization of the retail public utility |
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or consolidation of the retail public utility with another retail |
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public utility is not economically feasible under Section |
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13.241(d). |
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(c-5) Subsections (c-1), (c-2), [and] (c-3), and (c-4) do |
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not apply to: |
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(1) a county that borders the United Mexican States |
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and the Gulf of Mexico or a county adjacent to such a county; |
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(2) a county with a population of more than 30,000 and |
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less than 35,000 that borders the Red River; or |
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(3) a county with a population of more than 100,000 and |
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less than 200,000 that borders a county described by Subdivision |
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(2). |
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(c-6) [(c-5)] Subsections (c-1), (c-2), [and] (c-3), and |
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(c-4) do not apply to: |
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(1) a county with a population of 130,000 or more that |
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is adjacent to a county with a population of 1.5 million or more |
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that is within 200 miles of an international border; or |
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(2) a county with a population of more than 40,000 and |
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less than 50,000 that contains a portion of the San Antonio River. |
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SECTION 2. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3476 was passed by the House on April |
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29, 2021, by the following vote: Yeas 142, Nays 4, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3476 on May 28, 2021, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3476 on May 30, 2021, by the following vote: Yeas 144, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3476 was passed by the Senate, with |
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amendments, on May 21, 2021, by the following vote: Yeas 29, Nays |
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2; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3476 on May 29, 2021, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |