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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a special utility district upon release |
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from a certificate of public convenience and necessity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 65, Water Code, is amended by adding |
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Section 65.017 to read as follows: |
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Section 65.017 CREATION UPON RELEASE FROM ANOTHER ENTITY'S |
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SERVICE AREA. If the owner(s) of a tract(s) of land that is at least |
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50 acres is released by written agreement from a rural water supply |
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corporation's certificate of public convenience and necessity that |
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serves between 6000 and 8000 water connections and is within the |
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extra-territorial jurisdiction and/or city limits of a |
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municipality, the municipality shall serve the tract(s) within the |
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tract(s) owners' required timeframe within which service is needed |
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for current and projected service demands in the released areas. If |
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the municipality cannot serve the tract(s) required development |
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needs within the required time frame of the tract(s) owner(s), a |
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special utility district shall be formed to provide water service |
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to the tract(s), which may be noncontiguous. The time requirements |
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and the municipality's and county's consent in Chapter 65, Water |
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Code, are waived, and the special utility district creation shall |
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be expedited by the Texas Commission on Environmental Quality and |
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approved within 90 days of receiving an administratively complete |
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application. |
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SECTION 2. Section 65.017, Water Code, as added by this Act, |
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applies only to a tract or tracts of land that was the subject of an |
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executed release agreement by a rural water supply corporation |
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prior to the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |