89R5768 SCR-D
 
  By: Menéndez S.B. No. 1446
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the discontinuation, reduction, or impairment of water
  service during drought conditions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 13.250(b) and (d), Water Code, are
  amended to read as follows:
         (b)  Unless the utility commission issues a certificate that
  neither the present nor future convenience and necessity will be
  adversely affected, the holder of a certificate or a person who
  possesses facilities used to provide utility service shall not
  discontinue, reduce, or impair service to a certified service area
  or part of a certified service area except [for]:
               (1)  for nonpayment of charges for services provided by
  the certificate holder or a person who possesses facilities used to
  provide utility service;
               (2)  for nonpayment of charges for sewer service
  provided by another retail public utility under an agreement
  between the retail public utility and the certificate holder or a
  person who possesses facilities used to provide utility service or
  under a utility commission-ordered arrangement between the two
  service providers;
               (3)  for nonuse; [or]
               (4)  as necessary to maintain adequate water supplies
  during drought conditions; or
               (5)  for other similar reasons in the usual course of
  business.
         (d)  Except as provided by this subsection, a retail public
  utility that has not been granted a certificate of public
  convenience and necessity may not discontinue, reduce, or impair
  retail water or sewer service to any ratepayer without approval of
  the regulatory authority. Except as provided by this subsection, a
  utility or water supply corporation that is allowed to operate
  without a certificate of public convenience and necessity under
  Section 13.242(c) may not discontinue, reduce, or impair retail
  water or sewer service to any ratepayer without the approval of the
  regulatory authority. Subject to rules of the regulatory
  authority, a retail public utility, utility, or water supply
  corporation described in this subsection may discontinue, reduce,
  or impair retail water or sewer service [for]:
               (1)  for nonpayment of charges;
               (2)  for nonuse; [or]
               (3)  as necessary to maintain adequate water supplies
  during drought conditions; or
               (4)  for other similar reasons in the usual course of
  business.
         SECTION 2.  This Act takes effect September 1, 2025.