|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certificates of public convenience and necessity for |
|
|
water service and sewer service. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 2. Section 13.2451, Water Code, is amended to read |
|
|
as follows: |
|
|
Sec. 13.2451. EXTENSION BEYOND EXTRATERRITORIAL |
|
|
JURISDICTION. If [(a) 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) 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 3. The changes in law made by this Act 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. |
|
|
SECTION 4. 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, 2007. |