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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement to provide sufficient water pressure for |
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fire suppression in certain special utility districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.254(a), Water Code, is amended to |
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read as follows: |
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(a) The commission at any time after notice and hearing may, |
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on its own motion or on receipt of a petition described by |
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Subsection (a-1), revoke or amend any certificate of public |
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convenience and necessity with the written consent of the |
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certificate holder or if it finds that: |
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(1) the certificate holder has never provided, is no |
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longer providing, is incapable of providing, or has failed to |
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provide continuous and adequate service in the area, or part of the |
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area, covered by the certificate; |
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(2) in an affected county as defined in Section |
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16.341, the cost of providing service by the certificate holder is |
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so prohibitively expensive as to constitute denial of service, |
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provided that, for commercial developments or for residential |
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developments started after September 1, 1997, in an affected county |
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as defined in Section 16.341, the fact that the cost of obtaining |
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service from the currently certificated retail public utility makes |
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the development economically unfeasible does not render such cost |
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prohibitively expensive in the absence of other relevant factors; |
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(3) the certificate holder has agreed in writing to |
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allow another retail public utility to provide service within its |
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service area, except for an interim period, without amending its |
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certificate; [or] |
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(4) the certificate holder has failed to file a cease |
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and desist action pursuant to Section 13.252 within 180 days of the |
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date that it became aware that another retail public utility was |
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providing service within its service area, unless the certificate |
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holder demonstrates good cause for its failure to file such action |
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within the 180 days; or |
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(5) the certificate holder has failed to comply with |
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Section 65.301. |
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SECTION 2. Subchapter E, Chapter 65, Water Code, is amended |
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by adding Section 65.301 to read as follows: |
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Sec. 65.301. WATER PRESSURE ADEQUATE FOR FIRE SUPPRESSION. |
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(a) This section applies only to a district whose territory |
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includes land in the corporate limits or extraterritorial |
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jurisdiction of a municipality with a population of more than |
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10,000. |
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(b) A district shall maintain and make available for fire |
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suppression a system that, when tested according to procedures |
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prescribed by commission rules, is capable of producing at least |
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250 gallons per minute. |
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(c) The commission shall revoke a district's certificate of |
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convenience and necessity under Section 13.254(a) on finding that |
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the district is in violation of this section. |
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SECTION 3. The Texas Commission on Environmental Quality |
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shall adopt rules as necessary to implement and enforce Section |
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65.301, Water Code, as added by this Act, as soon as practicable. |
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SECTION 4. This Act takes effect September 1, 2009. |