Highlights 77th Texas Legislature - Senate

_______________ N ATURAL
/Water
ATURAL RESOURCES/Water
77 th Texas Legislature
Requires TNRCC to process an application for a concentrated animal feeding operation (CAFO) as a
specific permit if any part of a pen, or other type of retention structure is located (or will be located) within
the protection zone of a sole-source surface drinking water supply.
Provides definitions of “sole-source surface drinking water supply” and “protection zone” and states that a
land application area is not considered a retention facility.
Revocation of Certificate of Public Utility
Authorizes a municipality to request TNRCC to revoke the certificate of public convenience and necessity
(CNN) of a public utility if it finds that the utility has never provided, is no longer providing, or has failed to
provide continuous and adequate service in the municipality requesting the revocation.
Authorizes revocation if the public utility has been grossly or continuously mismanaged or has grossly or
continuously not complied with state laws or TNRCC rules.
Requires the municipality requesting the revocation to operate the decertified public utility for an interim
period and request TNRCC approval to acquire the utility's facilities at fair market value and transfer the
CNN to the municipality.
Miscellaneous
Amends Section 26.177 of the Water Code to provide that property subject to a permit or plat in the
extraterritorial jurisdiction (ETJ) of one municipality may not be subjected to new or additional water
pollution regulations if it is transferred to another municipality's extraterritorial jurisdiction.
Amends Section 13.137 of the Water Code by making changes concerning billing procedures and rate
making for water utility systems.
Amends Section 13.145 of the Water Code to authorize a utility to consolidate more than one system under
a single tariff only if the systems under the tariff are substantially similar in terms of facilities, quality of
service, and cost of service and the tariff provides for rates that promote water conservation for singlefamily
residences and landscape irrigation.
Amends Section 26.359 of the Water Code to except the Edwards Aquifer Authority from the prohibition on
local governments for imposing standards for underground petroleum storage tanks, in light of the fact
there is a unified statewide program for underground and surface water protection.
Amends Section 27.051 of the Water Code to prohibit TNRCC from authorizing injection wells into or
through the Edwards Aquifer.
Modifies the North Harris County Regional Water Authority enabling statute.
Senate Research Center 234