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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Commission on Environmental |
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Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.043(h), Water Code, is amended to |
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read as follows: |
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(h) The commission or executive director may[, on a motion
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by the executive director or by the appellant under Subsection (a),
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(b), or (f) of this section,] establish interim rates to be in |
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effect until a final decision is made in an appeal filed under |
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Subsection (a), (b), or (f). |
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SECTION 2. Sections 13.187(b) and (l), Water Code, are |
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amended to read as follows: |
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(b) A copy of the statement of intent shall be mailed or |
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delivered to the appropriate offices of each affected municipality, |
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to the executive director, and to any [other] affected persons as |
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required by the regulatory authority's rules. |
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(l) At any time during the pendency of the rate proceeding |
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the regulatory authority or, if the regulatory authority is the |
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commission, the executive director may fix interim rates to remain |
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in effect until a final determination is made on the proposed rate. |
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SECTION 3. Section 13.242(c), Water Code, is amended to |
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read as follows: |
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(c) The commission may by rule allow a municipality or |
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utility or water supply corporation to render retail water or sewer |
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service without a certificate of public convenience and necessity |
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if the municipality has given notice under Section 13.255 [of this
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code] that it intends to provide retail water or sewer service to an |
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area or if the utility or water supply corporation has less than 15 |
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potential connections and is not within the certificated area of |
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another retail public utility. |
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SECTION 4. Section 13.248, Water Code, is amended to read as |
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follows: |
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Sec. 13.248. CONTRACTS VALID AND ENFORCEABLE. Contracts |
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between retail public utilities designating areas to be served and |
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customers to be served by those retail public utilities, when |
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approved by the commission or the executive director after public |
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notice [and hearing], are valid and enforceable and are |
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incorporated into the appropriate areas of public convenience and |
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necessity. |
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SECTION 5. Section 49.321, Water Code, is amended to read as |
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follows: |
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Sec. 49.321. DISSOLUTION AUTHORITY. After notice [and
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hearing], the commission or executive director may dissolve any |
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district that is inactive for a period of five consecutive years and |
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has no outstanding bonded indebtedness. |
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SECTION 6. Section 49.324, Water Code, is amended to read as |
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follows: |
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Sec. 49.324. ORDER OF DISSOLUTION. The commission or the |
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executive director may enter an order dissolving the district [at
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the conclusion of the hearing] if the commission or executive |
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director [it] finds that the district has performed none of the |
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functions for which it was created for a period of five consecutive |
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years [before the day of the proceeding] and that the district has |
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no outstanding bonded indebtedness. |
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SECTION 7. Section 49.326(a), Water Code, is amended to |
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read as follows: |
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(a) Appeals from an [a commission] order dissolving a |
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district shall be filed and heard in the district court of any of |
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the counties in which the land is located. |
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SECTION 8. Section 54.030(b), Water Code, is amended to |
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read as follows: |
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(b) The governing body of a district which desires to |
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convert into a district operating under this chapter shall adopt |
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and enter in the minutes of the governing body a resolution |
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declaring that in its judgment, conversion into a municipal utility |
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district operating under this chapter and under Article XVI, |
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Section 59, of the Texas Constitution, would serve the best |
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interest of the district and would be a benefit to the land and |
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property included in the district. The resolution shall also |
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request that the commission approve [to hold a hearing on the
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question of] the conversion of the district. |
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SECTION 9. Section 54.032, Water Code, is amended to read as |
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follows: |
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Sec. 54.032. CONVERSION OF DISTRICT: NOTICE. (a) Notice |
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of the conversion [hearing] shall be given by publishing notice in a |
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newspaper with general circulation in the county or counties in |
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which the district is located. |
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(b) The notice shall be published once a week for two |
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consecutive weeks [with the first publication to be made not less
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than 14 full days before the time set for the hearing]. |
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(c) The notice shall: |
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(1) [state the time and place of the hearing;
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[(2)] set out the resolution adopted by the district |
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in full; and |
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(2) [(3)] notify all interested persons how they may |
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offer comments [to appear and offer testimony] for or against the |
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proposal contained in the resolution. |
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SECTION 10. Section 54.033, Water Code, is amended to read |
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as follows: |
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Sec. 54.033. CONVERSION OF DISTRICT; FINDINGS. (a) If |
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[After a hearing, if] the commission or the executive director |
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finds that conversion of the district into one operating under this |
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chapter would serve the best interest of the district and would be a |
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benefit to the land and property included in the district, the |
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commission or executive director [it] shall enter an order making |
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this finding and the district shall become a district operating |
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under this chapter and no confirmation election shall be required. |
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(b) If the commission or the executive director finds that |
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the conversion of the district would not serve the best interest of |
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the district and would not be a benefit to the land and property |
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included in the district, the commission or executive director [it] |
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shall enter an order against conversion of the district into one |
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operating under this chapter. |
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(c) The findings of the commission or the executive director |
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entered under this section shall be subject to appeal or review |
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within 30 days after entry of the order [of the commission] granting |
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or denying the conversion. |
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(d) A copy of the [commission] order converting a district |
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shall be filed in the deed records of the county or counties in |
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which the district is located. |
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SECTION 11. Sections 49.322 and 54.031, Water Code, are |
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repealed. |
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SECTION 12. Except as otherwise provided by this Act, this |
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Act applies only to a statement of intent filed on or after the |
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effective date of this Act. A rate change to which a statement of |
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intent filed before the effective date of this Act applies is |
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governed by the law in effect on the date the statement was filed, |
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and that law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2011. |