Bill Text: TX HB1028 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to expedited release from a certificate of public convenience and necessity for water and sewer service for certain landowners.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-09 - Left pending in committee [HB1028 Detail]
Download: Texas-2013-HB1028-Introduced.html
| 83R4567 DDT-F | ||
| By: Munoz, Jr. | H.B. No. 1028 | |
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| relating to expedited release from a certificate of public | ||
| convenience and necessity for water and sewer service for certain | ||
| landowners. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 13.254, Water Code, is amended by | ||
| amending Subsection (a-2) and adding Subsections (a-12) and (a-13) | ||
| to read as follows: | ||
| (a-2) A landowner is not entitled to make the election | ||
| described in Subsection (a-1) or (a-5) but is entitled to contest | ||
| under Subsection (a) the involuntary certification of its property | ||
| in a hearing held by the commission if the landowner's property is | ||
| located: | ||
| (1) within the boundaries of any municipality or the | ||
| extraterritorial jurisdiction of a municipality with a population | ||
| of more than 500,000 and the municipality or retail public utility | ||
| owned by the municipality is the holder of the certificate; or | ||
| (2) in a platted subdivision actually receiving water | ||
| or sewer service from a certificate holder other than a rural water | ||
| supply corporation that owes a debt to the federal government under | ||
| 7 U.S.C. Section 1926. | ||
| (a-12) Notwithstanding Subsection (a-1), a landowner may | ||
| petition for expedited release under that subsection and is | ||
| entitled to that release if: | ||
| (1) the landowner's property is located in the | ||
| boundaries of a municipality; | ||
| (2) the certificate holder serving the landowner's | ||
| property is a rural water supply corporation that owes a debt to the | ||
| federal government under 7 U.S.C. Section 1926; and | ||
| (3) in addition to the requirements of Subsection | ||
| (a-1), the landowner demonstrates in the landowner's petition that | ||
| the rural water supply corporation has refused to provide or is not | ||
| capable of providing service in the same manner that the | ||
| municipality would be required to provide if the municipality held | ||
| the certificate for the landowner's property. | ||
| (a-13) A rural water supply corporation's status as a | ||
| borrower under a federal loan program does not prohibit the release | ||
| requested under Subsection (a-12). | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
