Amend SB 1751 as follows:
(1) In Section 33.054(a), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 91, lines 12 and
13), strike "An appeal under this subchapter or Subchapter D is de
novo" and substitute "An appeal under this subchapter, Subchapter
D, or Subchapter E is de novo".
(2) In Section 37.051(a), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 173, line 14),
strike "unless the utility obtains" and substitute "unless the
utility first obtains".
(3) In Section 37.051(b), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 173, lines 22 and
23), strike "unless the utility obtains a certificate that includes
the area in which the facility that receives the service is
located." and substitute "unless the utility first obtains a
certificate that includes the area in which the consuming facility
is located."
(4) In Section 54.052(a), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 258, line 2),
strike "unless the utility obtains" and substitute "unless the
utility first obtains".
(5) In Section 54.052(b), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 258, lines 9-11),
strike "unless the utility obtains a certificate that includes the
area in which the facility that receives the service is located."
and substitute "unless the utility first obtains a certificate that
includes the area in which the consuming facility is located."
(6) In Section 58.062, Utilities Code, as added by SECTION 1
of the bill (Introduced Version, page 365, lines 18 and 19), strike
"before the expiration of the four-year period prescribed by
Section 58.054." and substitute "before the expiration of the cap
on basic network services."
(7) Strike Section 104.055(e), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 496, lines 7-10),
and substitute the following:
(e) This section is not intended to increase gas utility
rates to the customer not caused by utility service. Utility rates
may include only expenses caused by utility service.
(8) Strike Section 121.003(a), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 516, lines 7-14),
and substitute the following:
(a) The act or acts of transporting, delivering, selling, or
otherwise making available natural gas for fuel, either directly or
indirectly, to an owner of an irrigation well, or the sale,
transportation, or delivery of natural gas for any other direct use
in an agricultural activity, does not make a person a gas utility
or make the person subject to the jurisdiction, control, and
regulation of the railroad commission as a gas utility.
(9) In the table of contents to Chapter 161, Utilities Code,
as added by SECTION 1 of the bill (Introduced Version, page 547,
between lines 10 and 11), insert the following:
Sec. 161.005. CHAPTER COMPLETE AND CONTROLLING
(10) In Subchapter A, Chapter 161, Utilities Code, as added
by SECTION 1 of the bill (Introduced Version, page 550, after line
27), add a new Section 161.005 to read as follows:
Sec. 161.005. CHAPTER COMPLETE AND CONTROLLING. This chapter
is complete in itself and is controlling. (V.A.C.S. Art. 1528b,
Sec. 36 (part).)
(11) In Section 161.071(a), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 559, lines 8-10),
strike the first sentence and substitute the following:
The business and affairs of an electric cooperative shall be
managed by a board of directors. The board consists of at least
three directors.
(12) In Section 161.121(10), Utilities Code, as added by
SECTION 1 of the bill (Introduced Version, page 563, line 9),
strike "that may be appropriate to accomplish" and substitute "that
may be necessary, convenient, or appropriate to accomplish".
(13) In Section 186.001, Utilities Code, as added by SECTION
1 of the bill (Introduced Version, page 666, lines 12 and 13),
strike "In this subchapter, "public utility" means" and substitute
"In this subchapter, "public utility" means and includes".
(14) In the chapter heading to Chapter 67, Water Code, as
added by SECTION 2 of the bill (Introduced Version, page 674, line
7, strike "CHAPTER 67. WATER SUPPLY OR SEWER SERVICE CORPORATIONS"
and substitute "CHAPTER 67. NONPROFIT WATER SUPPLY OR SEWER SERVICE
CORPORATIONS".
(15) In Section 67.002(1), Water Code, as added by SECTION 2
of the bill (Introduced Version, page 674, line 19), strike "base;
or" and substitute "base; and".
(16) In Section 67.002(2), Water Code, as added by SECTION 2
of the bill (Introduced Version, page 674, line 21), strike
"political subdivision or for another person" and substitute
"political subdivision, private corporation, or another person".
(17) In Section 67.008(a), Water Code, as added by SECTION 2
of the bill (Introduced Version, page 677, lines 2 and 3), strike
"paid annually to political subdivisions or other persons" and
substitute "paid annually to political subdivisions, private
corporations, or other persons".
(18) In Section 67.009, Water Code, as added by SECTION 2 of
the bill (Introduced Version, page 677, line 15), strike "lease,
improve, or maintain" and substitute "lease, improve, extend, or
maintain".
(19) In Section 67.010(c), Water Code, as added by SECTION 2
of the bill (Introduced Version, page 678, line 2), strike "may
encumber any revenue" and substitute "may encumber any income,
fees, rents, and other charges".
(20) Strike Section 67.016, Water Code, as added by SECTION
2 of the bill (Introduced Version, page 680, lines 3-27, and page
681, lines 1-27), and substitute the following:
+zSec. 67.016. TRANSFER OR CANCELLATION OF STOCK, MEMBERSHIP,
OR OTHER RIGHT OF PARTICIPATION@z. (a) A person or entity that owns
any stock of, is a member of, or has some other right of
participation in a corporation may not sell or transfer that stock,
membership, or other right of participation to another person or
entity except:
(1) by will to a person who is related to the testator
within the second degree by consanguinity;
(2) by transfer without compensation to a person who
is related to the owner of the stock or other interest within the
second degree by consanguinity; or
(3) by transfer without compensation or by sale to the
corporation.
(b) Subsection (a) does not apply to a person or entity that
transfers the membership or other right of participation to another
person or entity as part of the conveyance of real estate from
which the membership or other right of participation arose.
(c) The transfer of stock, a membership, or another right of
participation under this section does not entitle the transferee to
water or sewer service unless each condition for water or sewer
service is met as provided in the corporation's published rates,
charges, and conditions of service. A transfer and service
application must be completed on the corporation's standardized
forms and filed with the corporation's office in a timely manner.
The conditions of service may not require a personal appearance in
the office of the corporation if the transferee agrees in writing
to accept the rates, charges, and conditions of service.
(d) The corporation may make water or sewer service provided
as a result of stock, a membership, or another right of
participation in the corporation conditional on ownership of the
real estate designated to receive service and from which the
membership or other right of participation arises.
(e) The corporation may cancel a person's or other entity's
stock, membership, or other right of participation if the person or
entity fails to:
(1) meet the conditions for water or sewer service
prescribed by the corporation's published rates, charges, and
conditions of service; or
(2) comply with any other condition placed on the
receipt of water or sewer service under the stock, membership, or
other right of participation.
(f) Consistent with Subsection (a), the corporation may
reassign canceled stock or a canceled membership or other right of
participation to a person or entity that has legal title to the
real estate from which the canceled membership or other right of
participation arose and for which water or sewer service is
requested.
(g) Notwithstanding Subsection (a), the corporation shall
reassign canceled stock or a canceled membership or other right of
participation to a person or entity that acquires the real estate
from which the membership or other right of participation arose
through judicial or nonjudicial foreclosure. The corporation may
require proof of ownership resulting from the foreclosure.
(h) Service provided following a transfer under Subsection
(f) or (g) is made subject to compliance with the conditions for
water or sewer service prescribed by the corporation's published
rates, charges, and conditions of service. (V.A.C.S. Art. 1434a,
Sec. 9A.)