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A BILL TO BE ENTITLED
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AN ACT
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relating to the correction of a certificate of public convenience |
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and necessity for providing water or sewer service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.244, Water Code, is amended by adding |
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Subsections (e) and (f) to read as follows: |
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(e) The executive director of the utility commission, at the |
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discretion of the executive director of the utility commission or |
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on the request of the certificate holder, may make a correction to a |
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certificate of public convenience and necessity, without observing |
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formal amendment procedures, by reissuing the certificate or |
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issuing an endorsement to the certificate. The executive director |
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of the utility commission shall notify the certificate holder that |
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the correction has been made and ensure that the reissued |
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certificate or endorsement is recorded in the commission's records. |
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The executive director of the utility commission may make a |
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correction under this subsection only: |
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(1) to correct a clerical or typographical error; |
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(2) to change the name of an incorporated certificate |
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holder on a certificate if: |
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(A) an amendment to the certificate holder's |
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articles of incorporation or certificate of formation, as |
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applicable, is filed with the secretary of state that only changes |
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the name of the certificate holder; and |
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(B) the certificate holder provides verification |
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from the secretary of state to the utility commission that the |
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amendment only changed the name of the certificate holder; |
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(3) to correct a mapping error in a certificate to |
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reflect the metes and bounds of the certificated area; or |
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(4) to correct another similar nonsubstantive error or |
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matter if authorized by the utility commission by rule. |
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(f) The executive director of the utility commission may not |
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make a correction under Subsection (e)(3) unless the certificate |
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holder: |
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(1) submits to the executive director of the utility |
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commission a written agreement between the certificate holder and |
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any other retail water or sewer service provider whose service area |
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is directly affected by the correction; and |
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(2) provides notice of the correction to any water or |
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sewer service customers whose retail service is directly affected |
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by the correction. |
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SECTION 2. Section 13.246(j), Water Code, is amended to |
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read as follows: |
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(j) This section does not apply to an application under |
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Section 13.258 or a correction under Section 13.244(e). |
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SECTION 3. 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, 2023. |