2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter G. Certificates of Convenience and Necessity › Section 13.244. Application; Maps and Other Information; Evidence and Consent

Sec. 13.244.  APPLICATION; MAPS AND OTHER INFORMATION; EVIDENCE AND CONSENT.  (a)  Except as provided by Section 13.258, to obtain a certificate of public convenience and necessity or an amendment to a certificate, a public utility or water supply or sewer service corporation shall submit to the utility commission an application for a certificate or for an amendment as provided by this section.
(b)  Each public utility and water supply or sewer service corporation shall file with the utility commission a map or maps showing all its facilities and illustrating separately facilities for production, transmission, and distribution of its services, and each certificated retail public utility shall file with the utility commission a map or maps showing any facilities, customers, or area currently being served outside its certificated areas.
(c)  Each applicant for a certificate or for an amendment shall file with the utility commission evidence required by the utility commission to show that the applicant has received the required consent, franchise, or permit of the proper municipality or other public authority.
(d)  An application for a certificate of public convenience and necessity or for an amendment to a certificate must contain:
(1)  a description of the proposed service area by:
(A)  a metes and bounds survey certified by a licensed state land surveyor or a registered professional land surveyor;
(B)  the Texas State Plane Coordinate System;
(C)  verifiable landmarks, including a road, creek, or railroad line; or
(D)  if a recorded plat of the area exists, lot and block number;
(2)  a description of any requests for service in the proposed service area;
(3)  a capital improvements plan, including a budget and estimated timeline for construction of all facilities necessary to provide full service to the entire proposed service area;
(4)  a description of the sources of funding for all facilities;
(5)  to the extent known, a description of current and projected land uses, including densities;
(6)  a current financial statement of the applicant;
(7)  according to the tax roll of the central appraisal district for each county in which the proposed service area is located, a list of the owners of each tract of land that is:
(A)  at least 50 acres; and
(B)  wholly or partially located within the proposed service area; and
(8)  any other item required by the utility commission.
(e)  The executive director of the utility commission, at the discretion of the executive director of the utility commission or on the request of the certificate holder, may make a correction to a certificate of public convenience and necessity, without observing formal amendment procedures, by reissuing the certificate or issuing an endorsement to the certificate.  The executive director of the utility commission shall notify the certificate holder that the correction has been made and ensure that the reissued certificate or endorsement is recorded in the commission's records.  The executive director of the utility commission may make a correction under this subsection only:
(1)  to correct a clerical or typographical error;
(2)  to change the name of an incorporated certificate holder on a certificate if:
(A)  an amendment to the certificate holder's articles of incorporation or certificate of formation, as applicable, is filed with the secretary of state that only changes the name of the certificate holder; and
(B)  the certificate holder provides verification from the secretary of state to the utility commission that the amendment only changed the name of the certificate holder;
(3)  to correct a mapping error in a certificate to reflect the metes and bounds of the certificated area; or
(4)  to correct another similar nonsubstantive error or matter if authorized by the utility commission by rule.
(f)  The executive director of the utility commission may not make a correction under Subsection (e)(3) unless the certificate holder:
(1)  submits to the executive director of the utility commission a written agreement between the certificate holder and any other retail water or sewer service provider whose service area is directly affected by the correction; and
(2)  provides notice of the correction to any water or sewer service customers whose retail service is directly affected by the correction.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 23, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 11.286, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1145 (H.B. 2876), Sec. 4, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.44, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 44, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 948 (S.B. 1842), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1083 (S.B. 893), Sec. 1, eff. June 18, 2023.