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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of water service to an area of land on |
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release of the land from the certificate of public convenience and |
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necessity of a rural water supply corporation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 65, Water Code, is amended |
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by adding Section 65.017 to read as follows: |
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Sec. 65.017. CREATION ON RELEASE FROM ANOTHER ENTITY'S |
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SERVICE AREA. (a) Except as provided by Subsection (c), a |
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municipality shall provide water service to a land area: |
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(1) that is composed of one or more contiguous or |
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noncontiguous parcels that together total at least 50 acres in |
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size; |
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(2) that is within the corporate limits or the |
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extraterritorial jurisdiction of the municipality; and |
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(3) for which, on or before the effective date of the |
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Act enacting this section, the owner or owners of the land have |
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entered into a written agreement with a rural water supply |
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corporation to release the land from the service area of the |
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corporation's certificate of public convenience and necessity. |
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(b) This section applies only to land served by a rural |
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water supply corporation that has fewer than 5,000 water |
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connections. |
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(c) If the municipality determines that it cannot meet the |
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current and projected demands for water service to the released |
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land within the time specified by the land's owner or owners: |
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(1) the municipality shall notify the owner or owners |
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of the land of that determination; and |
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(2) a district shall be formed in accordance with this |
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section to provide water service to the land. |
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(d) To create the district, the owner or owners of the |
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released land shall submit a petition to the commission that |
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includes: |
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(1) a copy of the agreement described by Subsection |
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(a)(3); |
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(2) a copy of the notice described by Subsection |
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(c)(1); and |
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(3) the information required under Section 65.015. |
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(e) The commission shall expedite the creation of the |
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district and shall approve the creation of the district not later |
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than the 90th day after the date of receipt of an administratively |
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complete petition to create the district. |
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(f) This section expires September 1, 2011. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |