Hinojosa Water Bill Lets One Border City Share Utility Turf

The text as introduced · 401 words

2025S0190-1 03/06/25

By: Hinojosa of Hidalgo
S.B. No. 2136

A BILL TO BE ENTITLED

AN ACT

relating to dual certification for water or sewer service in an area

incorporated or annexed by certain municipalities.

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

SECTION 1. The heading to Section 13.255, Water Code, is

amended to read as follows:

Sec. 13.255. SINGLE OR DUAL CERTIFICATION IN INCORPORATED

OR ANNEXED AREAS.

SECTION 2. Section 13.255, Water Code, is amended by adding

Subsections (n) and (o) to read as follows:

(n) Subsection (o) applies only to the most populous

municipality in a county that:

(1) is located on an international border;

(2) has a population of more than 800,000; and

(3) contains at least two municipalities each of which

has a population of 100,000 or more.

(o) As an alternative to single certification, a

municipality to which this subsection applies may provide to a

retail public utility that provides water or sewer service to all or

part of an area annexed or incorporated by the municipality

pursuant to a certificate of convenience and necessity notice that

the municipality intends to seek dual certification in the area as

provided under this subsection. The notice must indicate whether

the municipality intends to provide service through a municipally

owned utility or a franchised utility. The municipality and the

retail public utility may enter into an agreement for the purchase

of retail public utility facilities or property or that has other

terms on which the parties agree. If the municipality intends that

a franchised utility is to serve the area, the franchised utility

must be a party to the agreement. A municipality that delivers a

notice under this subsection may file an application with the

utility commission for dual certification that includes the notice

and any related agreement with the retail public utility. The

utility commission shall fix a time and place for a hearing on the

application and give notice of the hearing to the municipality and,

if any, the franchised utility and give notice of the application

and hearing to the retail public utility. The utility commission

shall grant dual certification to the municipality and amend

certificates of convenience and necessity as needed to authorize

the dual certification. Subsections (c)-(m), other than

Subsections (c-3) and (k), apply to a dual certification proceeding

under this subsection.

SECTION 3. This Act takes effect September 1, 2025.