1-1 By: Truan S.B. No. 1503
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Special Committee on Border Affairs;
1-4 April 7, 1999, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 7, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certificates of public convenience and necessity to
1-9 provide water or sewer utility service to economically distressed
1-10 areas.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 13.241, Water Code, is amended by adding
1-13 Subsection (e) to read as follows:
1-14 (e) The commission shall develop a standardized method for
1-15 determining under Section 13.246(f) which of two or more retail
1-16 public utilities or water supply or sewer service corporations that
1-17 apply for a certificate of public convenience and necessity to
1-18 provide water or sewer utility service to an uncertificated area
1-19 located in an economically distressed area is more capable
1-20 financially, managerially, and technically of providing continuous
1-21 and adequate service. In this subsection, "economically distressed
1-22 area" has the meaning assigned by Section 15.001.
1-23 SECTION 2. Section 13.246, Water Code, is amended by
1-24 amending Subsection (e) and adding Subsections (f) and (g) to read
1-25 as follows:
1-26 (e) Where applicable, in addition to the other factors in
1-27 this section the commission shall consider the efforts of the
1-28 applicant to extend service to any economically distressed areas
1-29 located within the service areas certificated to the applicant.
1-30 [For the purposes of this subsection, "economically distressed
1-31 area" has the meaning assigned by Section 15.001.]
1-32 (f) If two or more retail public utilities or water supply
1-33 or sewer service corporations apply for a certificate of public
1-34 convenience and necessity to provide water or sewer utility service
1-35 to an uncertificated area located in an economically distressed
1-36 area and otherwise meet the requirements for obtaining a new
1-37 certificate, the commission shall grant the certificate to the
1-38 retail public utility or water supply or sewer service corporation
1-39 that is more capable financially, managerially, and technically of
1-40 providing continuous and adequate service.
1-41 (g) In this section, "economically distressed area" has the
1-42 meaning assigned by Section 15.001.
1-43 SECTION 3. Section 13.381, Water Code, is amended to read as
1-44 follows:
1-45 Sec. 13.381. RIGHT TO JUDICIAL REVIEW; EVIDENCE. (a)
1-46 Except as provided by Subsection (b), any [Any] party to a
1-47 proceeding before the commission is entitled to judicial review
1-48 under the substantial evidence rule.
1-49 (b) A retail public utility or water supply or sewer service
1-50 corporation that is denied a certificate of public convenience and
1-51 necessity to provide water or sewer utility service to an
1-52 uncertificated area located in an economically distressed area on
1-53 the ground that another retail public utility or water supply or
1-54 sewer service corporation is more capable financially,
1-55 managerially, and technically of providing continuous and adequate
1-56 service may file a motion for rehearing as provided by Section
1-57 2001.146, Government Code. In this subsection, "economically
1-58 distressed area" has the meaning assigned by Section 15.001.
1-59 SECTION 4. This Act takes effect September 1, 1999, and
1-60 applies only to an application for a new certificate of public
1-61 convenience and necessity filed on or after the effective date of
1-62 this Act. An application for a new certificate of public
1-63 convenience and necessity filed before the effective date of this
1-64 Act is governed by the law in effect on the date the application
2-1 was filed, and that law is continued in effect for that purpose.
2-2 SECTION 5. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.
2-7 * * * * *