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Amend HB 2655 by amending SECTION 2 to read as follows:
SECTION 2. Section 13.2451, Water Code, is amended to read as
follows:
Sec. 13.2451. EXTENSION BEYOND EXTRATERRITORIAL
JURISDICTION. (a) Subject to the provisions of Section 13.245, [(a)
Except as provided by Subsection (b), if] if a municipality extends
its extraterritorial jurisdiction to include an area certificated
to a retail public utility, the retail public utility may continue
and extend service in its area of public convenience and necessity
under the rights granted by its certificate and this chapter.
(b) A retail public utility or a municipality that seeks to
extend a certificate of public convenience and necessity beyond the
retail public utility's corporate boundaries, if applicable, or
beyond a municipality's extraterritorial jurisdiction must ensure
that the area for which a certificate of public convenience and
necessity is sought complies with the requirements of Water Code §
13.241. [(b) The commission may not extend a municipality's
certificate of public convenience and necessity beyond its
extraterritorial jurisdiction without the written consent of the
landowner who owns the property in which the certificate is to be
extended. The portion of any certificate of public convenience and
necessity that extends beyond the extraterritorial jurisdiction of
the municipality without the consent of the landowner is void.]
(c) If service to an area outside a municipality's
extraterritorial jurisdiction is not provided within five years
from the date of obtaining a certificate of public convenience and
necessity for that area, then after notice to the municipality and a
hearing, the Commission may decertify the portion outside of a
municipality's extraterritorial jurisdiction for which the
municipality is not providing service. This subsection (c) is not
applicable to a certificate of public convenience and necessity
service area transferred to a municipality and approved by the
Commission for which public funds were expended.
The change is sought to ensure that retail public utilities
and municipalities seeking certificates of public convenience and
necessity prove that the entire service territories comply with
Water Code §13.241. The change will prevent CCN "land grabs" from
municipalities.