SB1413 - Relating to the procedure for amending or revoking certificates of public convenience and necessity issued to certain water utilities.

      By: Nichols, et al. S.B. No. 1413     (Harris)           A BILL TO BE ENTITLED   AN ACT   relating to the procedure for amending or revoking certificates of   public convenience and necessity issued to certain water utilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 13.2541, Water Code, is amended by   amending Subsections (b), (b-1), (e), and (f) and adding   Subsections (b-2), (b-3), and (e-1) to read as follows:          (b)  As an alternative to decertification or expedited   release under Section 13.254, the owner of a tract of land that is   at least 25 acres and that is not receiving water or sewer service   may petition for expedited release of the area from a certificate of   public convenience and necessity in the manner provided by this   section and is entitled to that release .           (b-1)  This section applies only if the landowner's property   is located in :                 (1)   a county with a population of at least 1.2 million ;                 (2)   [ , ] a county adjacent to a county with a population   of at least 1.2 million ;                 (3)   [ , or ] a county with a population of more than   200,000 and less than 233,500 that does not contain a public or   private university that had a total enrollment in the most recent   fall semester of 40,000 or more ; or                 (4)     a county adjacent to a county described by   Subdivision (2) [ , and not in a county that has a population of more   than 50,500 and less than 52,000 ].           (b-2)     This subsection applies only to a petition for a tract   of land located in a county described by Subsection (b-1)(4).   The   petitioner shall provide written notice, by certified mail and   regular mail, to the certificate holder of the petitioner's intent   to petition the utility commission for expedited release of an area   from a certificate of public convenience and necessity under this   section not later than the 60th day before the date on which the   petitioner submits the petition to the utility commission.   The   notice must include contact information for the property owner   whose tract or tracts are the subject of the petition.   The   certificate holder may waive the notice required by this   subsection.           (b-3)  [ (b-1) ]  On the day a petitioner submits a petition to   the utility commission under this section, the petitioner shall   send, via certified mail, a copy of the petition to the certificate   holder, who may submit information to the utility commission to   controvert information submitted by the petitioner.          (e)  The certificate holder may not initiate an application   to borrow money under a federal loan program after the date the   notice is provided or waived under Subsection (b-2) [ petition is   filed ] until the utility commission issues a decision on the   petition.           (e-1)     A landowner that submits a petition under this section   may agree to pay to the certificate holder that is the subject of   the petition under this section an amount equal to the amount   necessary to pay or defease a federal loan for a certificate holder   that is a borrower under a federal loan program.   On request from   the petitioner, the certificate holder must provide the petitioner   with the amount necessary to pay or defease the federal loan.   The   utility commission may issue an order to require the certificate   holder to accept a loan payment or defeasance under this section.          (f)   If the utility commission determines that compensation   to the certificate holder is owed under this section and Section   13.254(g), the [ The ] utility commission shall [ may ] require an   award of compensation to be paid by the petitioner to the   certificate holder [ in the manner provided by this section ].  If the   utility commission requires an award of compensation, the utility   commission shall require the petitioner to submit a report to the   utility commission verifying for the purposes of Subsection (j)   that the compensation has been paid to the certificate holder.          SECTION 2.  The changes in law made by this Act apply only to   a proceeding affecting a certificate of public convenience and   necessity that commences on or after the effective date of this Act.     A proceeding affecting a certificate of public convenience and   necessity that commenced before the effective date of this Act is   governed by the law in effect on the date the proceeding is   commenced, and that law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.