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A BILL TO BE ENTITLED
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AN ACT
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relating to the extension of water or sewer service by certain |
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retail public utilities at the request of a developer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 13.2502, Water Code, is |
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amended to read as follows: |
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Sec. 13.2502. CERTAIN SERVICE EXTENSIONS BY WATER SUPPLY |
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AND SEWER SERVICE CORPORATION OR SPECIAL UTILITY DISTRICT NOT |
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REQUIRED. |
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SECTION 2. Subchapter G, Chapter 13, Water Code, is amended |
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by adding Section 13.2503 to read as follows: |
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Sec. 13.2503. DETERMINATION BEFORE SERVICE EXTENSION BY |
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WATER SUPPLY AND SEWER SERVICE CORPORATION OR SPECIAL UTILITY |
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DISTRICT. (a) In this section, "developer" means a person who |
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subdivides land or requests more than two water or sewer service |
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connections on a single contiguous tract of land. |
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(b) A water supply or sewer service corporation or a special |
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utility district organized under Chapter 65 that receives a request |
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from a developer for an extension of retail water or sewer utility |
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service for subdivided land or for more than two service |
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connections within the certificated area of the corporation or |
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district shall provide to the developer, not later than the 90th day |
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after the date the request is received, a written statement of: |
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(1) whether the corporation or district is capable of |
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providing the service requested in the time frame requested; |
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(2) the infrastructure the developer is required by |
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the service extension policy to supply in order to accommodate the |
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service; |
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(3) whether the corporation or district will use the |
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infrastructure described by Subdivision (2) solely to provide |
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service in the requested area; and |
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(4) the engineering details supporting the |
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infrastructure described by Subdivision (2). |
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(c) A developer who makes a request described by Subsection |
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(b) may petition the utility commission requesting a determination |
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under this section if the corporation or district: |
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(1) refused to extend service to the requested area |
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based on a conclusion that the developer has failed to comply with |
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the service extension policy of the corporation or district as set |
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forth in the tariff of the corporation or the policies of the |
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district; or |
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(2) did not provide the developer with the information |
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required by Subsection (b) before the 90th day after the date the |
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request was submitted. |
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(d) The developer must demonstrate in a petition authorized |
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under Subsection (c) that the developer's request for service was |
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in writing and identified the: |
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(1) area where service was requested; |
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(2) time frame in which service was requested to |
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begin; and |
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(3) level and manner of service needed for current and |
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projected service demands in the area. |
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(e) A water supply or sewer service corporation or a special |
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utility district organized under Chapter 65 that receives a request |
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described by Subsection (b) may petition the utility commission |
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requesting a determination under this section if the corporation or |
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district concludes that the developer refuses to comply with the |
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service extension policy of the corporation or district as set |
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forth in the tariff of the corporation or the policies of the |
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district. |
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(f) The corporation or district must demonstrate in a |
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petition authorized under Subsection (e) that the corporation or |
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district has complied with Subsection (b). |
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(g) If the utility commission receives a petition for a |
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determination under this section, the utility commission shall: |
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(1) require the developer and the corporation or |
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district to submit to the utility commission information necessary |
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for the utility commission to evaluate whether the service |
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extension policy of the corporation or district is reasonable as |
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applied to the developer; and |
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(2) provide an opportunity for an informal hearing on |
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the petition. |
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(h) Not later than the 90th day after the date the petition |
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is submitted to the utility commission, the utility commission |
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shall issue an order determining the requirements the developer |
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must comply with in order to receive the requested service. |
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(i) Chapter 2001, Government Code, does not apply to a |
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petition filed under this section. The decision of the utility |
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commission on the petition is final after any reconsideration |
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authorized by the utility commission's rules and may not be |
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appealed. |
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SECTION 3. This Act takes effect September 1, 2021. |