By: Lucio  S.B. No. 1842          (In the Senate - Filed March 10, 2017; March 23, 2017, read   first time and referred to Committee on Intergovernmental   Relations; April 19, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 5, Nays 0,   1 present not voting; April 19, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1842 By:  Lucio     A BILL TO BE ENTITLED   AN ACT     relating to an application for the amendment of a certificate of   public convenience and necessity in an area inside the boundaries   of a political subdivision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 13.002, Water Code, is amended by adding   Subdivision (13-a) to read as follows:                (13-a)  "Municipal utility district" means a political   subdivision of this state operating under Chapter 54.          SECTION 2.  Subchapter G, Chapter 13, Water Code, is amended   by adding Section 13.258 to read as follows:          Sec. 13.258.  UTILITY'S APPLICATION FOR SERVICE INSIDE   MUNICIPAL UTILITY DISTRICT UNDER CONTRACT.  (a)  Notwithstanding   any other provision of this chapter, a Class A utility may apply to   the commission to provide services inside the boundaries of a   municipal utility district.          (b)  An application under this section must be accompanied   by:                (1)  information identifying the applicant;                (2)  the name of the municipal utility district;                (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 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.          (c)  For an application under this section, the utility   commission may not require any information other than the   information required by this section.          (d)  Not later than the 60th day after the date an applicant   files an application 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 application is necessary for the   service, accommodation, convenience, or safety of the public; and                (2)  grant the application.          (e)  The utility commission's decision under this section   becomes final after reconsideration, if any, authorized by utility   commission rule, and may not be appealed.          (f)  The consent of a municipality is not required for the   utility commission to grant an application as provided by   Subsection (a) for an area that is in the municipality's   extraterritorial jurisdiction.          (g)  Sections 13.241(d) and 13.245 do not apply to an   application under this section.          (h)  Chapter 2001, Government Code, does not apply to an   application for an amendment of a certificate of public convenience   and necessity under this section.          SECTION 3.  Section 341.035(d), Health and Safety Code, is   amended to read as follows:          (d)  A person is not required to file a business plan under   Subsection (a)(1) or (b) if the person:                (1)  is a county;                (2)  is a retail public utility as defined by Section   13.002, Water Code, unless that person is a utility as defined by   that section;                (3)  has executed an agreement with a political   subdivision to transfer the ownership and operation of the water   supply system to the political subdivision; [or]                (4)  is a Class A utility, as defined by Section 13.002,   Water Code, that has applied for or been granted an application to   provide service under Section 13.258, Water Code, for the area in   which the construction of the public drinking water supply system   will operate; or                (5)  is a noncommunity nontransient water system and   the person has demonstrated financial assurance under Chapter 361   or 382 of this code or Chapter 26, Water Code.          SECTION 4.  The change in law made by this Act applies only   to an application for an amendment of a certificate of public   convenience and necessity filed on or after the effective date of   this Act.  An application filed before the effective date of this   Act is governed by the law in effect on the date the application is   filed, and the former law is continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2017.     * * * * *