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A BILL TO BE ENTITLED
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AN ACT
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relating to certificates of public convenience and necessity of |
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certain retail public utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.2451(b), Water Code, is amended to |
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read as follows: |
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(b) The commission may not extend a municipality's |
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certificate of public convenience and necessity beyond its |
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extraterritorial jurisdiction without the written consent of the |
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landowner who owns the property in which the certificate is to be |
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extended. The portion of any certificate of public convenience and |
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necessity that extends beyond the extraterritorial jurisdiction of |
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the municipality without the consent of the landowner is void. If |
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the landowner regularly receives and pays for service from the |
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municipality, the landowner is considered to have consented to the |
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municipality's certificate of public convenience and necessity |
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unless the landowner specifically objects to the municipality's |
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service in writing. |
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SECTION 2. Subchapter G, Chapter 13, Water Code, is amended |
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by adding Section 13.2452 to read as follows: |
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Sec. 13.2452. CERTIFICATE TO ALTERNATE UTILITY PROHIBITED. |
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The commission may not grant to a retail public utility a |
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certificate of public convenience and necessity for an area outside |
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of a municipality's extraterritorial jurisdiction that the |
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municipality served under a certificate before September 1, 2007, |
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if the municipality: |
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(1) is providing continuous and adequate service to |
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the area; and |
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(2) has a binding service commitment to a platted |
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subdivision in the area or has another commitment to provide |
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service in the area. |
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SECTION 3. Section 13.246(a-1), Water Code, is amended to |
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read as follows: |
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(a-1) Except as otherwise provided by this subsection, in |
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addition to the notice required by Subsection (a), the commission |
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shall require notice to be mailed to each owner of a tract of land |
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that is at least 25 [50] acres and is wholly or partially included |
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in the area proposed to be certified. Notice required under this |
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subsection must be mailed by first class mail to the owner of the |
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tract according to the most current tax appraisal rolls of the |
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applicable central appraisal district at the time the commission |
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received the application for the certificate or amendment. Good |
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faith efforts to comply with the requirements of this subsection |
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shall be considered adequate notice to landowners. Notice under |
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this subsection is not required for a matter filed with the |
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commission under: |
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(1) Section 13.248 or 13.255; or |
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(2) Chapter 65. |
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SECTION 4. Section 13.2452, Water Code, as added by this |
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Act, applies only to an application for a certificate of public |
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convenience and necessity for which the Texas Commission on |
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Environmental Quality has not issued a final order before the |
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effective date of this Act. An application for a certificate of |
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public convenience and necessity for which a final order was issued |
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before the effective date of this Act is governed by the law in |
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effect on the date the final order was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |