Rule 12, Section 1(a)(1)(A) was suspended for the committee report
on H.B. 1847. Therefore, the text of the bill was not printed.
Attached for your information is the amendment/amendments.
1-1 COMMITTEE AMENDMENT NO. 1
1-2 Amend H.B. No. 1847 as follows:
1-3 (1) In Section 33.054(a), Utilities Code, as added by
1-4 SECTION 1 of the bill (Introduced Version, page 91, lines 12 and
1-5 13), strike "An appeal under this subchapter or Subchapter D is de
1-6 novo" and substitute "An appeal under this subchapter, Subchapter
1-7 D, or Subchapter E is de novo".
1-8 (2) In Section 37.051(a), Utilities Code, as added by
1-9 SECTION 1 of the bill (Introduced Version, page 173, line 14),
1-10 strike "unless the utility obtains" and substitute "unless the
1-11 utility first obtains".
1-12 (3) In Section 37.051(b), Utilities Code, as added by
1-13 SECTION 1 of the bill (Introduced Version, page 173, lines 22 and
1-14 23), strike "unless the utility obtains a certificate that includes
1-15 the area in which the facility that receives the service is
1-16 located." and substitute "unless the utility first obtains a
1-17 certificate that includes the area in which the consuming facility
1-18 is located."
1-19 (4) In Section 54.052(a), Utilities Code, as added by
1-20 SECTION 1 of the bill (Introduced Version, page 258, line 2),
1-21 strike "unless the utility obtains" and substitute "unless the
2-1 utility first obtains".
2-2 (5) In Section 54.052(b), Utilities Code, as added by
2-3 SECTION 1 of the bill (Introduced Version, page 258, lines 9-11),
2-4 strike "unless the utility obtains a certificate that includes the
2-5 area in which the facility that receives the service is located."
2-6 and substitute "unless the utility first obtains a certificate that
2-7 includes the area in which the consuming facility is located."
2-8 (6) In Section 58.062, Utilities Code, as added by SECTION 1
2-9 of the bill (Introduced Version, page 365, lines 18 and 19), strike
2-10 "before the expiration of the four-year period prescribed by
2-11 Section 58.054." and substitute "before the expiration of the cap
2-12 on basic network services."
2-13 (7) Strike Section 104.055(e), Utilities Code, as added by
2-14 SECTION 1 of the bill (Introduced Version, page 496, lines 7-10),
2-15 and substitute the following:
2-16 (e) This section is not intended to increase gas utility
2-17 rates to the customer not caused by utility service. Utility rates
2-18 may include only expenses caused by utility service.
2-19 (8) Strike Section 121.003(a), Utilities Code, as added by
2-20 SECTION 1 of the bill (Introduced Version, page 516, lines 7-14),
2-21 and substitute the following:
2-22 (a) The act or acts of transporting, delivering, selling, or
2-23 otherwise making available natural gas for fuel, either directly or
2-24 indirectly, to an owner of an irrigation well, or the sale,
2-25 transportation, or delivery of natural gas for any other direct use
2-26 in an agricultural activity, does not make a person a gas utility
2-27 or make the person subject to the jurisdiction, control, and
3-1 regulation of the railroad commission as a gas utility.
3-2 (9) In the table of contents to Chapter 161, Utilities Code,
3-3 as added by SECTION 1 of the bill (Introduced Version, page 547,
3-4 between lines 10 and 11), insert the following:
3-5 Sec. 161.005. CHAPTER COMPLETE AND CONTROLLING
3-6 (10) In Subchapter A, Chapter 161, Utilities Code, as added
3-7 by SECTION 1 of the bill (Introduced Version, page 550, after line
3-8 27), add a new Section 161.005 to read as follows:
3-9 Sec. 161.005. CHAPTER COMPLETE AND CONTROLLING. This
3-10 chapter is complete in itself and is controlling. (V.A.C.S.
3-11 Art. 1528b, Sec. 36 (part).)
3-12 (11) In Section 161.071(a), Utilities Code, as added by
3-13 SECTION 1 of the bill (Introduced Version, page 559, lines 8-10),
3-14 strike the first sentence and substitute the following:
3-15 The business and affairs of an electric cooperative are managed by
3-16 a board of directors. The board consists of at least three
3-17 directors.
3-18 (12) In Section 161.121(10), Utilities Code, as added by
3-19 SECTION 1 of the bill (Introduced Version, page 563, line 9),
3-20 strike "that may be appropriate to accomplish" and substitute "that
3-21 may be necessary, convenient, or appropriate to accomplish".
3-22 (13) In Section 186.001, Utilities Code, as added by SECTION
3-23 1 of the bill (Introduced Version, page 666, lines 12 and 13),
3-24 strike "In this subchapter, "public utility" means" and substitute
3-25 "In this subchapter, "public utility" means and includes".
3-26 (14) In the chapter heading to Chapter 67, Water
3-27 Code, as added by SECTION 2 of the bill (Introduced Version, page
4-1 674, line 7, strike "CHAPTER 67. WATER SUPPLY OR SEWER SERVICE
4-2 CORPORATIONS" and substitute "CHAPTER 67. NONPROFIT WATER SUPPLY
4-3 OR SEWER SERVICE CORPORATIONS".
4-4 (15) In Section 67.002(1), Water Code, as added by SECTION 2
4-5 of the bill (Introduced Version, page 674, line 19), strike "base;
4-6 or" and substitute "base; and".
4-7 (16) In Section 67.002(2), Water Code, as added by SECTION 2
4-8 of the bill (Introduced Version, page 674, line 21), strike
4-9 "political subdivision or for another person" and substitute
4-10 "political subdivision, private corporation, or another person".
4-11 (17) In Section 67.008(a), Water Code, as added by SECTION 2
4-12 of the bill (Introduced Version, page 677, lines 2 and 3), strike
4-13 "paid annually to political subdivisions or other persons" and
4-14 substitute "paid annually to political subdivisions, private
4-15 corporations, or other persons".
4-16 (18) In Section 67.009, Water Code, as added by SECTION 2 of
4-17 the bill (Introduced Version, page 677, line 15), strike "lease,
4-18 improve, or maintain" and substitute "lease, improve, extend, or
4-19 maintain".
4-20 (19) In Section 67.010(c), Water Code, as added by SECTION 2
4-21 of the bill (Introduced Version, page 678, line 2), strike "may
4-22 encumber any revenue" and substitute "may encumber any income,
4-23 fees, rents, and other charges".
4-24 (20) Strike Section 67.016, Water Code, as added by SECTION
4-25 2 of the bill (Introduced Version, page 680, lines 3-27, and page
4-26 681, lines 1-27), and substitute the following:
4-27 Sec. 67.016. TRANSFER OR CANCELLATION OF STOCK, MEMBERSHIP,
5-1 OR OTHER RIGHT OF PARTICIPATION. (a) A person or entity that owns
5-2 any stock of, is a member of, or has some other right of
5-3 participation in a corporation may not sell or transfer that stock,
5-4 membership, or other right of participation to another person or
5-5 entity except:
5-6 (1) by will to a person who is related to the testator
5-7 within the second degree by consanguinity;
5-8 (2) by transfer without compensation to a person who
5-9 is related to the owner of the stock or other interest within the
5-10 second degree by consanguinity; or
5-11 (3) by transfer without compensation or by sale to the
5-12 corporation.
5-13 (b) Subsection (a) does not apply to a person or entity that
5-14 transfers the membership or other right of participation to another
5-15 person or entity as part of the conveyance of real estate from
5-16 which the membership or other right of participation arose.
5-17 (c) The transfer of stock, a membership, or another right of
5-18 participation under this section does not entitle the transferee to
5-19 water or sewer service unless each condition for water or sewer
5-20 service is met as provided in the corporation's published rates,
5-21 charges, and conditions of service. A transfer and service
5-22 application must be completed on the corporation's standardized
5-23 forms and filed with the corporation's office in a timely manner.
5-24 The conditions of service may not require a personal appearance in
5-25 the office of the corporation if the transferee agrees in writing
5-26 to accept the rates, charges, and conditions of service.
5-27 (d) The corporation may make water or sewer service provided
6-1 as a result of stock, a membership, or another right of
6-2 participation in the corporation conditional on ownership of the
6-3 real estate designated to receive service and from which the
6-4 membership or other right of participation arises.
6-5 (e) The corporation may cancel a person's or other entity's
6-6 stock, membership, or other right of participation if the person or
6-7 entity fails to:
6-8 (1) meet the conditions for water or sewer service
6-9 prescribed by the corporation's published rates, charges, and
6-10 conditions of service; or
6-11 (2) comply with any other condition placed on the
6-12 receipt of water or sewer service under the stock, membership, or
6-13 other right of participation.
6-14 (f) Consistent with Subsection (a), the corporation may
6-15 reassign canceled stock or a canceled membership or other right of
6-16 participation to a person or entity that has legal title to the
6-17 real estate from which the canceled membership or other right of
6-18 participation arose and for which water or sewer service is
6-19 requested.
6-20 (g) Notwithstanding Subsection (a), the corporation shall
6-21 reassign canceled stock or a canceled membership or other right of
6-22 participation to a person or entity that acquires the real estate
6-23 from which the membership or other right of participation arose
6-24 through judicial or nonjudicial foreclosure. The corporation may
6-25 require proof of ownership resulting from the foreclosure.
6-26 (h) Service provided following a transfer under Subsection
6-27 (f) or (g) is made subject to compliance with the conditions for
7-1 water or sewer service prescribed by the corporation's published
7-2 rates, charges, and conditions of service. (V.A.C.S. Art. 1434a,
7-3 Sec. 9A.)
7-4 75R10539 CBH-D Longoria