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Amend SB 3, on third reading, by adding the following
appropriately numbered SECTIONS to the bill and renumbering the
subsequent SECTIONS of the bill accordingly:
SECTION ____. Sections 13.002 (1-a), (5), and (8), Water
Code, are amended to read as follows:
(1-a) "Landowner," "owner of a tract of land," and
"owners of each tract of land" include multiple owners of a single
deeded tract of land as shown on the appraisal roll of the appraisal
district established for each county in which the property is
located.
(5) "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
(8) "Executive director" means the executive director
of the commission [Texas Natural Resource Conservation
Commission].
SECTION ____. Section 13.2451, Water Code, is amended to read
as follows:
Sec. 13.2451. EXTENSION BEYOND EXTRATERRITORIAL
JURISDICTION. (a) If [Except as provided by Subsection (b), 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 municipality that seeks to extend a certificate of
public convenience and necessity beyond the municipality's
extraterritorial jurisdiction must ensure that the municipality
complies with Section 13.241 in relation to the area covered by the
portion of the certificate that extends beyond the municipality's
extraterritorial jurisdiction.
(c) The commission, after notice to the municipality and an
opportunity for a hearing, may decertify an area outside a
municipality's extraterritorial jurisdiction if the municipality
does not provide service to the area on or before the fifth
anniversary of the date the certificate of public convenience and
necessity was granted for the area. This subsection does not apply
to a certificate of public convenience and necessity for an area:
(1) that was transferred to a municipality on approval
of the commission; and
(2) in relation to which the municipality has spent
public funds.
(d) To the extent of a conflict between this section and
Section 13.245, Section 13.245 prevails. [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.]
SECTION ____. The changes to Water Code Sec. 13.2451 apply
only to:
(1) an application for a certificate of public
convenience and necessity or for an amendment to a certificate of
public convenience and necessity submitted to the Texas Commission
on Environmental Quality on or after the effective date of this Act;
(2) a proceeding to amend or revoke a certificate of
public convenience and necessity initiated on or after the
effective date of this Act;
(3) a certificate of public convenience and necessity
issued to a municipality, regardless of the date the certificate
was issued;
(4) an application by a municipality or by a utility
owned by a municipality for a certificate of public convenience and
necessity or for an amendment to a certificate, regardless of the
date the application was filed; and
(5) a proceeding to amend or revoke a certificate of
public convenience and necessity held by a municipality or by a
utility owned by a municipality, regardless of the date the
proceeding was initiated.