By Denny H.B. No. 1160
75R4653 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to revocation or amendment of a certificate of public
1-3 convenience and necessity of a water or sewer utility.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 13.254(a) and (c), Water Code, are
1-6 amended to read as follows:
1-7 (a) The commission at any time after notice and hearing may
1-8 revoke or amend any certificate of public convenience and necessity
1-9 with the written consent of the certificate holder or if it finds
1-10 that:
1-11 (1) the certificate holder has never provided, is no
1-12 longer providing, or has failed to provide continuous and adequate
1-13 service in the area, or part of the area, covered by the
1-14 certificate; or
1-15 (2) the cost to provide service to customers in the
1-16 area or part of the area is so prohibitively expensive as to
1-17 constitute denial of service.
1-18 (c) If the certificate of any retail public utility is
1-19 revoked or amended, the commission may request [require] one or
1-20 more retail public utilities to provide service in the area in
1-21 question. In taking an action under this subsection, the
1-22 commission may not require a transfer of property.
1-23 SECTION 2. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force from and after its
2-5 passage, and it is so enacted.