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79R12390 SGA-F


By:  Flores                                                       H.B. No. 1358

Substitute the following for H.B. No. 1358:                                   

By:  Puente                                                   C.S.H.B. No. 1358



A BILL TO BE ENTITLED

AN ACT

relating to the jurisdiction of the Texas Commission on 
Environmental Quality over certain water supply or sewer service 
corporations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 13, Water Code, is amended 
by adding Section 13.004 to read as follows:
	Sec. 13.004.  JURISDICTION OF COMMISSION OVER CERTAIN WATER 
SUPPLY OR SEWER SERVICE CORPORATIONS.  (a)  Notwithstanding any 
other law, the commission has the same jurisdiction over a water 
supply or sewer service corporation that the commission has under 
this chapter over a water and sewer utility if the commission finds 
that the water supply or sewer service corporation:
		(1)  is failing to conduct annual or special meetings 
in compliance with Section 67.007; or
		(2)  is operating in a manner that does not comply with 
the requirements for classifications as a nonprofit water supply or 
sewer service corporation prescribed by Sections 13.002(11) and 
(24).
	(b)  If the water supply or sewer service corporation 
voluntarily converts to a special utility district operating under 
Chapter 65, the commission's jurisdiction provided by this section 
ends.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.