Tex. Water Code Section 13.2475
Certificates of Public Convenience and Necessity to Provide Sewer Service in Certain Municipalities

(a)

This section applies only to a municipality:

(1)

with a population of more than 95,000;

(2)

located in a county that:

(A)

borders Lake Palestine; and

(B)

has a population of more than 200,000;

(3)

that owns and operates a utility that provides sewer service; and

(4)

that has an area within the boundaries of the municipality that is certificated to another retail public utility that provides sewer service.

(b)

A municipality may provide sewer service to an area entirely within the municipality’s boundaries without first having to obtain from the utility commission a certificate of public convenience and necessity that includes the area to be served, regardless of whether the area to be served is certificated to another retail public utility.

(c)

Not less than 30 days before the municipality begins providing sewer service to an area certificated to another retail public utility, the municipality shall provide notice to the retail public utility and the utility commission of its intention to provide service to the area.

(d)

On receipt of the notice required by Subsection (c), a retail public utility may:

(1)

petition the utility commission to decertify its certificate for the area to be served by the municipality; or

(2)

discontinue service to the area to be served by the municipality, provided that there is no interruption of service to any customer.

(e)

This section may not be construed to limit the right of a retail public utility to provide service in an area certificated to the retail public utility.

(f)

This section does not expand a municipality’s power of eminent domain under Chapter 21 (Eminent Domain), Property Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 673 (S.B. 789), Sec. 2, eff. September 1, 2015.

Source: Section 13.2475 — Certificates of Public Convenience and Necessity to Provide Sewer Service in Certain Municipalities, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­13.­htm#13.­2475 (accessed Jun. 5, 2024).

13.001
Legislative Policy and Purpose 13.002
Definitions 13.003
Applicability of Administrative Procedure and Texas Register Act 13.004
Jurisdiction of Utility Commission over Certain Water Supply or Sewer Service Corporations 13.011
Employees 13.014
Attorney General to Represent Commission or Utility Commission 13.015
Informal Proceeding 13.016
Record of Proceedings 13.017
Office of Public Utility Counsel 13.041
General Powers of Utility Commission and Commission 13.042
Jurisdiction of Municipality 13.043
Appellate Jurisdiction 13.044
Rates Charged by Municipality to Certain Special Districts 13.045
Notification Regarding Use of Revenue 13.046
Temporary Rates for Services Provided for Nonfunctioning System 13.081
Franchises 13.082
Local Utility Service 13.083
Rate Determination 13.084
Authority of Governing Body 13.085
Assistance by Utility Commission 13.086
Fair Wholesale Rates for Wholesale Water Sales to a Water District 13.087
Municipal Rates for Certain Recreational Vehicle Parks 13.088
Municipal Fees for Public School Districts 13.131
Records of Utility 13.132
Powers of Utility Commission 13.133
Inspections 13.134
Report of Advertising or Public Relations Expenses 13.135
Unlawful Rates, Rules, and Regulations 13.136
Filing Tariffs of Rates, Rules, and Regulations 13.137
Office and Other Business Locations of Utility 13.138
Communications by Utilities with Regulatory Authority 13.139
Standards of Service 13.140
Examination and Test of Equipment 13.141
Billing for Service to State 13.142
Time of Payment of Utility Bills by State 13.143
Voluntary Contributions 13.144
Notice of Wholesale Water Supply Contract 13.146
Water Conservation Plan 13.147
Consolidated Billing and Collection Contracts 13.148
Water Shortage Report 13.149
Notification of Water Loss 13.150
Reports Required for Water and Sewer Utilities 13.151
Billing for Services Provided During Extreme Weather Emergency 13.152
Initiation, Transfer, or Termination of Service 13.181
Power to Ensure Compliance 13.182
Just and Reasonable Rates 13.183
Fixing Overall Revenues 13.184
Fair Return 13.185
Components of Invested Capital and Net Income 13.186
Unreasonable or Violative Existing Rates 13.187
Class a Utilities: Statement of Intent to Change Rates 13.188
Adjustment for Change in Energy Costs 13.189
Unreasonable Preference or Prejudice as to Rates or Services 13.190
Equality of Rates and Services 13.191
Discrimination 13.192
Payments in Lieu of Taxes 13.241
Granting Certificates 13.242
Certificate Required 13.243
Exceptions for Extension of Service 13.244
Application 13.245
Municipal Boundaries or Extraterritorial Jurisdiction of Certain Municipalities 13.246
Notice and Hearing 13.247
Area Within Municipality 13.248
Contracts Valid and Enforceable 13.250
Continuous and Adequate Service 13.251
Sale, Assignment, or Lease of Certificate 13.252
Interference with Other Retail Public Utility 13.253
Improvements in Service 13.254
Decertification Initiated by Utility Commission or Utility 13.255
Single Certification in Incorporated or Annexed Areas 13.256
County Fee 13.257
Notice to Purchasers 13.258
Utility’s Application for Amendment and Use of Municipal Utility District’s Certificate Under Contract 13.301
Report of Sale, Merger, Etc 13.302
Purchase of Voting Stock in Another Public Utility: Report 13.303
Loans to Stockholders: Report 13.304
Foreclosure Report 13.305
Voluntary Valuation of Acquired Utility or Facilities 13.341
Jurisdiction over Affiliated Interests 13.342
Disclosure of Substantial Interest in Voting Securities 13.343
Wholesale Water Contracts Between Certain Affiliates 13.381
Right to Judicial Review 13.382
Costs and Attorney’s Fees 13.411
Action to Enjoin or Require Compliance 13.412
Receivership 13.413
Payment of Costs of Receivership 13.414
Penalty Against Retail Public Utility or Affiliated Interest 13.415
Personal Penalty 13.416
Penalties Cumulative 13.417
Contempt Proceedings 13.418
Disposition of Fines and Penalties 13.419
Venue 13.0421
Rates Charged by Certain Municipally Owned Utilities 13.0431
Appeals by Retail Public Utilities 13.0441
Fees Charged by Municipality to Public School Districts 13.451
Issuance of Emergency Order 13.452
Application for Emergency Order 13.453
Notice of Issuance 13.454
Hearing to Affirm, Modify, or Set Aside Order 13.455
Term of Order 13.501
Definitions 13.502
Submetering 13.503
Submetering Rules 13.504
Improper Rental Rate Increase 13.505
Restitution 13.506
Plumbing Fixtures 13.511
Definitions 13.512
Authority to Enter into Privatization Contracts 13.513
Election by Eligible City to Exempt Service Provider from Utility Commission Jurisdiction 13.514
Term and Provisions of a Privatization Contract 13.515
Payments Under a Privatization Contract 13.1325
Electronic Copies of Rate Information 13.1394
Standards of Emergency Operations 13.1395
Standards of Emergency Operations in Certain Counties 13.1396
Coordination of Emergency Operations 13.1461
Correctional Facility Compliance with Conservation Measures 13.1861
Rates Charged State 13.1871
Class B Utilities: Statement of Intent to Change Rates 13.1872
Class D Utilities: Rate Adjustment 13.1873
Application Rules 13.2451
Extension Beyond Extraterritorial Jurisdiction 13.2475
Certificates of Public Convenience and Necessity to Provide Sewer Service in Certain Municipalities 13.2501
Conditions Requiring Refusal of Service 13.2502
Service Extensions by Water Supply and Sewer Service Corporation or Special Utility District 13.2541
Streamlined Expedited Release Initiated by Landowner 13.2551
Completion of Decertification 13.3011
Initial Rates for Certain Water or Sewer Systems After Purchase or Acquisition 13.4115
Action to Require Adjustment to Consumer Charge 13.4131
Supervision of Certain Utilities 13.4132
Operation of Utility that Discontinues Operation or Is Referred for Appointment of Receiver 13.4133
Emergency Rate Increase in Certain Circumstances 13.4151
Administrative Penalty 13.5031
Nonsubmetering Rules 13.18715
Class C Utilities: Statement of Intent to Change Rates
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 13.2475’s source at texas​.gov