By Brown of Brazos H.B. No. 3137
76R7865 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of retail water and sewer service by a
1-3 utility owned or operated by a municipality in certain territories
1-4 of the municipality.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 13.247(a), Water Code, is amended to read
1-7 as follows:
1-8 (a) If an area has been or is included within the boundaries
1-9 of a municipality [city] as the result of annexation,
1-10 incorporation, or otherwise, all retail public utilities certified
1-11 or entitled to certification under this chapter to provide service
1-12 or operate facilities in that area before the inclusion may
1-13 continue and extend service in its area of public convenience and
1-14 necessity within the annexed or incorporated area pursuant to the
1-15 rights granted by its certificate and this chapter. A utility
1-16 owned or operated by the municipality is not required to obtain a
1-17 certificate of public convenience and necessity to provide retail
1-18 water or sewer service in territory within its boundaries if the
1-19 territory or customers in the territory are not receiving service
1-20 from the retail public utility that holds a certificate for the
1-21 territory at the time the territory is first included in the
1-22 municipality. [Except as provided by Section 13.255 of this code,
1-23 a municipally owned or operated utility may not provide retail
1-24 water and sewer utility service within the area certificated to
2-1 another retail public utility without first having obtained from
2-2 the commission a certificate of public convenience and necessity
2-3 that includes the areas to be served.]
2-4 SECTION 2. This Act takes effect September 1, 1999.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.