85R7190 JXC-D     By: Isaac H.B. No. 2959       A BILL TO BE ENTITLED   AN ACT   relating to the provision of wholesale water and sewer service to   certain municipalities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 13, Water Code, is amended   by adding Section 13.088 to read as follows:          Sec. 13.088.  MUNICIPAL WHOLESALE SERVICE IN CERTAIN   COUNTIES. (a) This section applies only to:                (1)  a home-rule municipality primarily located in a   county with a population of more than one million; and                (2)  a general-law municipality with a population of   less than 301 located in a county with a population of more than   150,000.          (b)  A municipally owned utility of a home-rule municipality   shall provide wholesale water and sewer service to a general-law   municipality on the request of the general-law municipality, at the   level of service requested by the general-law municipality, if:                (1)  the extraterritorial jurisdiction of the   home-rule municipality borders the extraterritorial jurisdiction   of the general-law municipality;                (2)  the general-law municipality possesses a   certificate of public convenience and necessity;                (3)  an aquifer provides the sole water supply for the   general-law municipality;                (4)  a groundwater conservation district with   jurisdiction over the aquifer has determined that the aquifer has   limited capacity and experiences frequent droughts; and                (5)  at least 50 percent of the territory of the   general-law municipality, including territory in the   municipality's corporate boundaries and extraterritorial   jurisdiction, is located in a recharge zone of the aquifer   described by Subdivision (3) and the groundwater conservation   district described by Subdivision (4) has determined that the   recharge zone is environmentally sensitive.          (c)  A general-law municipality that makes a request under   this section is responsible for paying the costs of construction of   new facilities or extending existing facilities required for the   service.          (d)  A municipally owned utility that receives a request   under this section:                (1)  may request that the utility commission determine   whether the requesting municipality meets the requirements of   Subsection (b); and                (2)  may not recover through its rates the costs of   construction of new facilities or extending existing facilities   required for the service.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.