BILL ANALYSIS

H.B. 3476

By: Schofield

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A municipality may require that all water and sewer facilities for a service area within the extraterritorial jurisdiction of the municipality use the municipality's standards for design and construction in accordance with the municipality's standards for facilities rather than in accordance with the more appropriate Public Utility Commission of Texas (PUC) standards. It has been suggested that, as a result, a retail public utility design and construction process in areas within the extraterritorial jurisdiction of a municipality, specifically fast-growing areas, can get delayed for long periods of time. H.B. 3476 seeks to address this issue by requiring the PUC to include, as a condition of a certificate of public convenience and necessity for a service area within the extraterritorial jurisdiction of certain municipalities, that all water and sewer facilities be designed and constructed in accordance with Texas Commission on Environmental Quality standards for those facilities.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3476 amends the Water Code to require the Public Utility Commission of Texas to include, as a condition of a certificate of public convenience and necessity granted for a service area within the extraterritorial jurisdiction of certain municipalities, that all water and sewer facilities be designed and constructed in accordance with Texas Commission on Environmental Quality standards for water and sewer facilities.

EFFECTIVE DATE

September 1, 2021.