78R2403 MI-D
By: Berman H.B. No. 467
A BILL TO BE ENTITLED
AN ACT
relating to water and sewer service provided to residents of
certain areas annexed by a municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.255, Water Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) The commission by rule shall allow a municipality to
temporarily provide retail water or sewer utility service without a
certificate of public convenience and necessity to an area in the
municipality or the municipality's extraterritorial jurisdiction
that is also in the certified area of a water supply corporation if
the water supply corporation is unable or unwilling to provide the
service within 90 days after the service is requested. The rules
must require the municipality to file notice with the water supply
corporation under Subsection (b) of its intent to provide service
in the annexed area or the municipality's extraterritorial
jurisdiction and to file an application with the commission under
that subsection to grant single certification to the municipally
owned water or sewer utility or to a franchised utility. The rules
must also provide for expedited procedures for consideration of the
application. The commission shall grant single certification to
the municipality under this subsection not later than the 45th day
after the date on which the application is received.
SECTION 2. This Act takes effect September 1, 2003.