Texas Statutes
Subchapter G. Certificates of Convenience and Necessity
Section 13.244. Application; Maps and Other Information; Evidence and Consent

Sec. 13.244. APPLICATION; MAPS AND OTHER INFORMATION; EVIDENCE AND CONSENT. (a) Except as provided by Section 13.258, to obtain a certificate of public convenience and necessity or an amendment to a certificate, a public utility or water supply or sewer service corporation shall submit to the utility commission an application for a certificate or for an amendment as provided by this section.
(b) Each public utility and water supply or sewer service corporation shall file with the utility commission a map or maps showing all its facilities and illustrating separately facilities for production, transmission, and distribution of its services, and each certificated retail public utility shall file with the utility commission a map or maps showing any facilities, customers, or area currently being served outside its certificated areas.
(c) Each applicant for a certificate or for an amendment shall file with the utility commission evidence required by the utility commission to show that the applicant has received the required consent, franchise, or permit of the proper municipality or other public authority.
(d) An application for a certificate of public convenience and necessity or for an amendment to a certificate must contain:
(1) 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 a road, creek, or railroad line; or
(D) if a recorded plat of the area exists, lot and block number;
(2) a description of any requests for service in the proposed service area;
(3) a capital improvements plan, including a budget and estimated timeline for construction of all facilities necessary to provide full service to the entire proposed service area;
(4) a description of the sources of funding for all facilities;
(5) to the extent known, a description of current and projected land uses, including densities;
(6) a current financial statement of the applicant;
(7) according to the tax roll of the central appraisal district for each county in which the proposed service area is located, a list of the owners of each tract of land that is:
(A) at least 50 acres; and
(B) wholly or partially located within the proposed service area; and
(8) any other item required by the utility commission.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 567, Sec. 23, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 11.286, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1145 (H.B. 2876), Sec. 4, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.44, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 44, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 948 (S.B. 1842), Sec. 2, eff. September 1, 2017.

Structure Texas Statutes

Texas Statutes

Water Code

Title 2 - Water Administration

Subtitle B - Water Rights

Chapter 13 - Water Rates and Services

Subchapter G. Certificates of Convenience and Necessity

Section 13.241. Granting Certificates

Section 13.242. Certificate Required

Section 13.243. Exceptions for Extension of Service

Section 13.244. Application; Maps and Other Information; Evidence and Consent

Section 13.245. Municipal Boundaries or Extraterritorial Jurisdiction of Certain Municipalities

Section 13.2451. Extension Beyond Extraterritorial Jurisdiction

Section 13.246. Notice and Hearing; Issuance or Refusal; Factors Considered

Section 13.247. Area Within Municipality

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

Section 13.248. Contracts Valid and Enforceable

Section 13.250. Continuous and Adequate Service; Discontinuance, Reduction, or Impairment of Service

Section 13.2501. Conditions Requiring Refusal of Service

Section 13.2502. Service Extensions by Water Supply and Sewer Service Corporation or Special Utility District

Section 13.251. Sale, Assignment, or Lease of Certificate

Section 13.252. Interference With Other Retail Public Utility

Section 13.253. Improvements in Service; Interconnecting Service

Section 13.254. Decertification Initiated by Utility Commission or Utility; Expedited Release Initiated by Landowner

Section 13.2541. Streamlined Expedited Release Initiated by Landowner

Section 13.255. Single Certification in Incorporated or Annexed Areas

Section 13.2551. Completion of Decertification

Section 13.256. County Fee

Section 13.257. Notice to Purchasers

Section 13.258. Utility's Application for Amendment and Use of Municipal Utility District's Certificate Under Contract