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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of wholesale water and sewer service to |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 13, Water Code, is amended |
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by adding Section 13.088 to read as follows: |
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Sec. 13.088. MUNICIPAL WHOLESALE SERVICE IN CERTAIN |
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COUNTIES. (a) This section applies only to: |
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(1) a home-rule municipality primarily located in a |
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county with a population of more than one million; and |
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(2) a general-law municipality with a population of |
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less than 301 located in a county with a population of more than |
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150,000. |
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(b) A municipally owned utility of a home-rule municipality |
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shall provide wholesale water and sewer service to a general-law |
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municipality on the request of the general-law municipality, at the |
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level of service requested by the general-law municipality, if: |
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(1) the extraterritorial jurisdiction of the |
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home-rule municipality borders the extraterritorial jurisdiction |
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of the general-law municipality; |
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(2) the general-law municipality possesses a |
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certificate of public convenience and necessity; |
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(3) an aquifer provides the sole water supply for the |
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general-law municipality; |
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(4) a groundwater conservation district with |
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jurisdiction over the aquifer has determined that the aquifer has |
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limited capacity and experiences frequent droughts; and |
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(5) at least 50 percent of the territory of the |
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general-law municipality, including territory in the |
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municipality's corporate boundaries and extraterritorial |
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jurisdiction, is located in a recharge zone of the aquifer |
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described by Subdivision (3) and the groundwater conservation |
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district described by Subdivision (4) has determined that the |
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recharge zone is environmentally sensitive. |
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(c) A general-law municipality that makes a request under |
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this section is responsible for paying the costs of construction of |
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new facilities or extending existing facilities required for the |
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service. |
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(d) A municipally owned utility that receives a request |
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under this section: |
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(1) may request that the utility commission determine |
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whether the requesting municipality meets the requirements of |
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Subsection (b); and |
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(2) may not recover through its rates the costs of |
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construction of new facilities or extending existing facilities |
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required for the service. |
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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, 2017. |