By Truan S.B. No. 1503
76R6481 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certificates of public convenience and necessity to
1-3 provide water or sewer utility service to economically distressed
1-4 areas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 13.241, Water Code, is amended by adding
1-7 Subsection (e) to read as follows:
1-8 (e) The commission shall develop a standardized method for
1-9 determining under Section 13.246(f) which of two or more retail
1-10 public utilities or water supply or sewer service corporations
1-11 that apply for a certificate of public convenience and necessity to
1-12 provide water or sewer utility service to an uncertificated area
1-13 located in an economically distressed area is more capable
1-14 financially, managerially, and technically of providing continuous
1-15 and adequate service. In this subsection, "economically distressed
1-16 area" has the meaning assigned by Section 15.001.
1-17 SECTION 2. Section 13.246, Water Code, is amended by
1-18 amending Subsection (e) and adding Subsections (f) and (g) to read
1-19 as follows:
1-20 (e) Where applicable, in addition to the other factors in
1-21 this section the commission shall consider the efforts of the
1-22 applicant to extend service to any economically distressed areas
1-23 located within the service areas certificated to the applicant.
1-24 [For the purposes of this subsection, "economically distressed
2-1 area" has the meaning assigned by Section 15.001.]
2-2 (f) If two or more retail public utilities or water supply
2-3 or sewer service corporations apply for a certificate of public
2-4 convenience and necessity to provide water or sewer utility service
2-5 to an uncertificated area located in an economically distressed
2-6 area and otherwise meet the requirements for obtaining a new
2-7 certificate, the commission shall grant the certificate to the
2-8 retail public utility or water supply or sewer service corporation
2-9 that is more capable financially, managerially, and technically of
2-10 providing continuous and adequate service.
2-11 (g) In this section, "economically distressed area" has the
2-12 meaning assigned by Section 15.001.
2-13 SECTION 3. Section 13.381, Water Code, is amended to read as
2-14 follows:
2-15 Sec. 13.381. RIGHT TO JUDICIAL REVIEW; EVIDENCE. (a)
2-16 Except as provided by Subsection (b), any [Any] party to a
2-17 proceeding before the commission is entitled to judicial review
2-18 under the substantial evidence rule.
2-19 (b) A retail public utility or water supply or sewer service
2-20 corporation that is denied a certificate of public convenience and
2-21 necessity to provide water or sewer utility service to an
2-22 uncertificated area located in an economically distressed area on
2-23 the ground that another retail public utility or water supply or
2-24 sewer service corporation is more capable financially,
2-25 managerially, and technically of providing continuous and adequate
2-26 service may file a motion for rehearing as provided by Section
2-27 2001.146, Government Code. In this subsection, "economically
3-1 distressed area" has the meaning assigned by Section 15.001.
3-2 SECTION 4. This Act takes effect September 1, 1999, and
3-3 applies only to an application for a new certificate of public
3-4 convenience and necessity filed on or after the effective date of
3-5 this Act. An application for a new certificate of public
3-6 convenience and necessity filed before the effective date of this
3-7 Act is governed by the law in effect on the date the application
3-8 was filed, and that law is continued in effect for that purpose.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.