Menéndez Drought Bill Lets Water Utilities Cut Service Without Approval

The text as introduced · 380 words

89R5768 SCR-D

By: Menéndez
S.B. No. 1446

A BILL TO BE ENTITLED

AN ACT

relating to the discontinuation, reduction, or impairment of water

service during drought conditions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 13.250(b) and (d), Water Code, are

amended to read as follows:

(b) Unless the utility commission issues a certificate that

neither the present nor future convenience and necessity will be

adversely affected, the holder of a certificate or a person who

possesses facilities used to provide utility service shall not

discontinue, reduce, or impair service to a certified service area

or part of a certified service area except [ for ]:

(1) for nonpayment of charges for services provided by

the certificate holder or a person who possesses facilities used to

provide utility service;

(2) for nonpayment of charges for sewer service

provided by another retail public utility under an agreement

between the retail public utility and the certificate holder or a

person who possesses facilities used to provide utility service or

under a utility commission-ordered arrangement between the two

service providers;

(3) for nonuse; [ or ]

(4) as necessary to maintain adequate water supplies

during drought conditions; or

(5) for other similar reasons in the usual course of

business.

(d) Except as provided by this subsection, a retail public

utility that has not been granted a certificate of public

convenience and necessity may not discontinue, reduce, or impair

retail water or sewer service to any ratepayer without approval of

the regulatory authority. Except as provided by this subsection, a

utility or water supply corporation that is allowed to operate

without a certificate of public convenience and necessity under

Section 13.242(c) may not discontinue, reduce, or impair retail

water or sewer service to any ratepayer without the approval of the

regulatory authority. Subject to rules of the regulatory

authority, a retail public utility, utility, or water supply

corporation described in this subsection may discontinue, reduce,

or impair retail water or sewer service [ for ]:

(1) for nonpayment of charges;

(2) for nonuse; [ or ]

(3) as necessary to maintain adequate water supplies

during drought conditions; or

(4) for other similar reasons in the usual course of

business.

SECTION 2. This Act takes effect September 1, 2025.