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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 to |
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provide water or sewer utility service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.244(d), Water Code, is amended to |
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read as follows: |
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(d) An application for a certificate of public convenience |
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and necessity or for an amendment to a certificate must contain: |
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(1) a description of the proposed service area by: |
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(A) a metes and bounds survey certified by a |
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licensed state land surveyor or a registered professional land |
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surveyor; |
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(B) the Texas State Plane Coordinate System; |
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(C) verifiable landmarks, including a road, |
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creek, or railroad line; or |
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(D) if a recorded plat of the area exists, lot and |
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block number; |
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(2) a description of any requests for service in the |
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proposed service area; |
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(3) a capital improvements plan, including a budget |
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and estimated timeline for construction of all facilities necessary |
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to provide full service to the entire proposed service area; |
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(4) a description of the sources of funding for all |
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facilities; |
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(5) to the extent known, a description of current and |
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projected land uses, including densities; |
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(6) a current financial statement of the applicant; |
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(7) according to the tax roll of the central appraisal |
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district for each county in which the proposed service area is |
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located, a list of the owners of each tract of land that is: |
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(A) at least 10 [50] acres; and |
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(B) wholly or partially located within the |
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proposed service area; and |
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(8) any other item required by the commission. |
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SECTION 2. Sections 13.246(a-1), (h), and (i), Water Code, |
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are amended to 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 10 [50] acres and is wholly or partially included |
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in the area proposed to be certified. The commission by rule shall |
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prescribe a form that must be used to provide notice under this |
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subsection. Notice required under this subsection must be mailed |
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by first class mail to the owner of the tract according to the most |
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current tax appraisal rolls of the applicable central appraisal |
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district at the time the commission received the application for |
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the certificate or amendment. Good faith efforts to comply with the |
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requirements of this subsection shall be considered adequate notice |
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to landowners. Notice under this subsection is not required for a |
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matter filed with the 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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(h) Except as provided by Subsection (i), a landowner of |
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[who owns] a tract of [land that is] at least 10 [25] acres of land |
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any part of which [and that] is [wholly or partially] located in |
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[within] the proposed service area must consent to the inclusion |
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[may elect to exclude some or all] of the landowner's property in |
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[from] the proposed service area before [by providing written
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notice to] the commission may issue [before the 30th day after the
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date the landowner receives notice of a new application for] a |
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certificate of public convenience and necessity or [for] an |
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amendment to a [an existing] certificate of public convenience and |
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necessity for an area that includes that property. A landowner may |
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consent to the inclusion of all or part of the [The] landowner's |
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property [election is effective without a further hearing or other
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process by the commission]. If a landowner does not provide to the |
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commission written consent to include all or part of the |
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landowner's property in the proposed service area on or before the |
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90th day after the notice to the landowner is mailed under |
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Subsection (a-1), that property may not be included in the proposed |
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service area. The landowner's timely written consent or the |
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landowner's lack of consent takes effect for purposes of this |
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subsection without a further hearing or other proceeding by the |
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commission. On or after the 120th day after the date the notice to |
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the landowner is mailed, the commission shall modify the |
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application to exclude the property of a landowner who does not |
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provide written consent to include that [makes an election under
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this subsection, the application shall be modified so that the
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electing landowner's] property [is not included] in the proposed |
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service area. |
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(i) [A landowner is not entitled to make an election under] |
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Subsection (h) does not apply [but is entitled to contest the
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inclusion of the landowner's property in the proposed service area
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at a hearing held by the commission regarding the application] if |
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the proposed service area is located within the boundaries or |
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extraterritorial jurisdiction of a municipality with a population |
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of more than 500,000 and the municipality or a utility owned by the |
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municipality is the applicant. However, the landowner is entitled |
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to contest the inclusion of the landowner's property in the |
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proposed service area at a hearing held by the commission regarding |
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the application. |
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SECTION 3. Sections 13.246(h) and (i), Water Code, as |
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amended by this Act, apply only to an application for a certificate |
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of public convenience and necessity for which the Texas Commission |
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on 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 4. This Act takes effect September 1, 2007. |