The Texas Commission on Environmental Quality (TCEQ) has proposed rules implementing Senate Bill 573, passed during the 2011 Legislative Session, relating to the granting of certificates of public convenience and necessity (CCNs).  Copies of the proposed rulemaking can be obtained from the TCEQ Web site at

Proposed amendments to Chapters 291 and 293 of the Texas Administrative Code would specify that, if a city has not consented to being included in a CCN within its boundaries or extraterritorial jurisdiction (ETJ) before the 180th day after a landowner or retail public utility has made a formal request for service, TCEQ may grant the CCN to the retail public utility without the city’s consent under certain conditions.  (Additional criteria that TCEQ shall consider before it grants the CCN to the retail public utility are included in the proposed rules.) If the CCN is granted, TCEQ must include a condition that facilities will be designed and constructed according to the city’s standards. 

TCEQ will hold a public hearing on the proposed rules in Austin on December 4, 2012, at 2:00 p.m. in Room 201S, Building E, at the TCEQ central office, located at 12100 Park 35 Circle. 

Written comments may be submitted until December 10, 2012, to Michael Parrish, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to 512-239-4808. 

Electronic comments may be submitted at All comments should reference Rule Project Number 2011-055-293-OW. 

TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League.

Back to Legislative Update Index