Texas Water Code

§ 13.2451 — EXTENSION BEYOND EXTRATERRITORIAL JURISDICTION

WA § 13.2451Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 13. WATER RATES AND SERVICES · Art. G. CERTIFICATES OF CONVENIENCE AND NECESSITY

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(a)Except as provided by Subsection (b), if a municipality extends its extraterritorial jurisdiction to include an area certificated to a retail public utility, the retail public utility may continue and extend service in its area of public convenience and necessity under the rights granted by its certificate and this chapter.

(b)The utility commission may not extend a municipality's certificate of public convenience and necessity beyond its extraterritorial jurisdiction if an owner of land that is located wholly or partly outside the extraterritorial jurisdiction elects to exclude some or all of the landowner's property within a proposed service area in accordance with Section 13.246(h). This subsection does not apply to a transfer of a certificate as approved by the utility commission. (b-1) Subsection (b) does not apply to an extension of extraterritorial jurisdiction in a county that borders the United Mexican States and the Gulf of Mexico or a county adjacent to such a county. (b-2) Subsection (b) does not apply to an extension of extraterritorial jurisdiction in a county:

(1)with a population of more than 30,000 and less than 36,000 that borders the Red River; or

(2)with a population of more than 100,000 and less than 200,000 that borders a county described by Subdivision (1). (b-3) Subsection (b) does not apply to an extension of extraterritorial jurisdiction in a county:

(1)with a population of 170,000 or more that is adjacent to a county with a population of 1.5 million or more that is within 200 miles of an international border; or

(2)with a population of more than 40,000 and less than 50,000 that contains a portion of the San Antonio River.

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.08, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1325 (S.B. 573), Sec. 2, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.46, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 46, eff. September 1, 2013. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 275, eff. September 1, 2023.