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A BILL TO BE ENTITLED
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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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Subsections (b-1) and (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. |
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(b-1) A municipality may require, as [As] a condition of |
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[the] consent under Subsection (b) for a certificate for a service |
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area within the boundaries of the [, a] municipality, [may require] |
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that all water and sewer facilities be designed and constructed in |
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accordance with the municipality's standards for facilities. A |
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municipality may not require, as a condition of consent under |
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Subsection (b) for a certificate for a service area within the |
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extraterritorial jurisdiction of the municipality, 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 the commission's |
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standards for water and sewer facilities. |
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(c-5) Subsections (c-1), (c-2), and (c-3) do 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) do not |
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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. |