| (a) Unless otherwise specified, a utility or a water
supply or sewer service corporation may not in any way provide retail
water or sewer utility service directly or indirectly to the public
without first having obtained from the commission a certificate of
convenience and necessity (CCN). Except as otherwise provided by this
subchapter, a retail public utility may not provide, make available,
or extend retail water or sewer utility service to any area to which
retail water or sewer utility service is being lawfully provided by
another retail public utility without first obtaining a CCN that includes
the area in which the consuming facility is located.
(b) A district may not provide services within the
certificated service area of a retail public utility or within the
boundaries of another district without the retail public utility's
or district's consent, unless the district has a CCN to provide retail
water or sewer utility service to that area.
(c) Except as otherwise provided by this subchapter,
a retail public utility may not provide retail water or sewer utility
service within the boundaries of a district that provides the same
type of retail water or sewer utility service without the district's
consent, unless the retail public utility has a CCN to provide retail
water or sewer utility service to that area.
(d) A person that is not a retail public utility, a
utility, or a water supply or sewer service corporation that is operating
under provisions in accordance with TWC §13.242(c) may not construct
facilities to provide retail water or sewer utility service to more
than one service connection that is not on the property owned by the
person and that is within the certificated service area of a retail
public utility without first obtaining written consent from the retail
public utility.
(e) A supplier of wholesale water or sewer service
may not require a purchaser to obtain a CCN if the purchaser is not
otherwise required by this chapter to obtain a CCN.
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