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 13.258. Utility's Application for Amendment and Use of Municipal Utility District's Certificate Under Contract

Sec. 13.258.  UTILITY'S APPLICATION FOR AMENDMENT AND USE OF MUNICIPAL UTILITY DISTRICT'S CERTIFICATE UNDER CONTRACT.  (a)  Notwithstanding any other provision of this chapter, a Class A utility may apply to the utility commission for an amendment of a certificate of convenience and necessity held by a municipal utility district to allow the utility to have the same rights and powers under the certificate as the municipal utility district.
(b)  This section does not apply to a certificate of convenience and necessity held by a municipal utility district located wholly or partly inside of the corporate limits or extraterritorial jurisdiction of a municipality with a population of two million or more.
(c)  An application under this section must be accompanied by:
(1)  information identifying the applicant;
(2)  the identifying number of the certificate of convenience and necessity to be amended;
(3)  the written consent of the municipal utility district that holds the certificate of convenience and necessity;
(4)  a written statement by the municipal utility district that the application is supported by a contract between the municipal utility district and the utility for the utility to provide services inside the certificated area and inside the boundaries of the municipal utility district; and
(5)  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 roads, creeks, or railroad lines; or
(D)  if a recorded plat of the area exists, lot and block number.
(d)  For an application under this section, the utility commission may not require any information other than the information required by this section.
(e)  Not later than the 60th day after the date an applicant files an application for an amendment under this section, the utility commission shall review whether the application is complete.  If the utility commission finds that the application is complete, the utility commission shall:
(1)  find that the amendment of the certificate is necessary for the service, accommodation, convenience, or safety of the public; and
(2)  grant the application and amend the certificate.
(f)  The utility commission's decision under this section becomes final after reconsideration, if any, authorized by utility commission rule, and may not be appealed.
(g)  The consent of a municipality is not required for the utility commission to amend a certificate as provided by Subsection (a) for an area that is in the municipality's extraterritorial jurisdiction.
(h)  Sections 13.241(d) and 13.245 do not apply to an application under this section.
(i)  Chapter 2001, Government Code, does not apply to an application for an amendment of a certificate of convenience and necessity under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 948 (S.B. 1842), Sec. 4, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 967 (S.B. 700), Sec. 11, eff. September 1, 2019.