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.