Tex. Water Code § 13.250

Continuous And Adequate Service; Discontinuance, Reduction, Or Impairment Of Service

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Sec. 13.250. CONTINUOUS AND ADEQUATE SERVICE; DISCONTINUANCE, REDUCTION, OR IMPAIRMENT OF SERVICE. (a) Except as provided by this section or Section 13.2501 of this code, any retail public utility that possesses or is required to possess a certificate of public convenience and necessity shall serve every consumer within its certified area and shall render continuous and adequate service within the area or areas.

(b) Unless the utility commission issues a certificate that neither the present nor future convenience and necessity will be adversely affected, the holder of a certificate or a person who possesses facilities used to provide utility service shall not discontinue, reduce, or impair service to a certified service area or part of a certified service area except for:

(1) nonpayment of charges for services provided by the certificate holder or a person who possesses facilities used to provide utility service;

(2) nonpayment of charges for sewer service provided by another retail public utility under an agreement between the retail public utility and the certificate holder or a person who possesses facilities used to provide utility service or under a utility commission-ordered arrangement between the two service providers;

(3) noncompliance with a drought contingency plan;

(4) nonuse; or

(5) other similar reasons in the usual course of business.

(c) Any discontinuance, reduction, or impairment of service, whether with or without approval of the utility commission, shall be in conformity with and subject to conditions, restrictions, and limitations that the utility commission prescribes.

(d) Except as provided by this subsection, a retail public utility that has not been granted a certificate of public convenience and necessity may not discontinue, reduce, or impair retail water or sewer service to any ratepayer without approval of the regulatory authority. Except as provided by this subsection, a utility or water supply corporation that is allowed to operate without a certificate of public convenience and necessity under Section 13.242(c) may not discontinue, reduce, or impair retail water or sewer service to any ratepayer without the approval of the regulatory authority. Subject to rules of the regulatory authority, a retail public utility, utility, or water supply corporation described in this subsection may discontinue, reduce, or impair retail water or sewer service for:

(1) nonpayment of charges;

(2) noncompliance with a drought contingency plan;

(3) nonuse; or

(4) other similar reasons in the usual course of business.

(e) Not later than the 48th hour after the hour in which a utility files a bankruptcy petition, the utility shall report this fact to the utility commission and the commission in writing.

Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 539, Sec. 16, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1102, Sec. 5, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 567, Sec. 27, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 678, Sec. 7, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 652, Sec. 3, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 400, Sec. 5, eff. Sept. 1, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.50, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 50, eff. September 1, 2013.

Acts 2025, 89th Leg., R.S., Ch. 330 (S.B. 2662), Sec. 4, eff. May 30, 2025.

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1991–2025 · leading case: Creedmoor-Maha Water Supply Corp. v. Texas Commission on Environmental Quality

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Creedmoor-Maha Water Supply Corp. v. Texas Commission on Environmental Quality (2010) texapp · cites it 2× “This is all it needed to do, Creedmoor reasons, because the existence of its legal duty under its CCN to provide service to the area, see Tex. Water Code Ann. § 13.250 (a), singularly establishes, as a matter of law, that it “made [service] available” there.”

Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant- (1998) ca5 “Additionally, Texas law declares that utility providers “may not discontinue, reduce, or impair service to any part of [a] certificated service area except for: (1) nonpayment of charges; (2) nonuse; or (3) another similar reason that occurs in the usual course of business.”

McCelvey v. State (2004) texapp · cites it 2× “See Tex. Water Code Ann. §§ 13.250 (a), 13.415 (West 2000); 30 Tex.”

City of Carrollton v. Texas Commission on Environmental Quality (2005) texapp · cites it 2× “Tex. Water Code Ann. § 13.250 (b). Thus, certification provides stability and a set of rights to the utility, residents, and customers living within the certificated area.”

Bexar Metropolitan Water District v. Texas Commission on Environmental Quality (2006) texapp “See Tex. Water Code Ann. § 13.250 (West 2000).”

Green Valley Special Util. Dist. v. Walker (2018) txwd · cites it 3× “Green Valley argues it has incurred a state law duty under Texas Water Code § 13.250 to provide "continuous and adequate service" within its service area.”

Annett v. Sunday Canyon Water Supply Corp. (1991) texapp · cites it 3× “Tex.Water Code Ann. § 13.250(b) (Vernon 1988).”

John Hatchett, Sandra Hatchett, and JPH Capital LLP v. West Travis County Public Utility Agency (2020) texapp · cites it 2× “See Tex. Water Code § 13.250(a) (“Except as provided by this section or Section 13.”

Megatel Homes LLC v. City of Mansfield, Texas (2025) txnd · cites it 2× “2541 of the Water Code, “petition [the PUC] for expedited release of [its land] from” the CCN.”

Public Utility Commission of Texas and North Fort Bend Water Authority v. City of Fulshear, Texas (2025) texapp · cites it 2× “21, 27, 32, 34 Tex. Water Code § 13.250 ................”

James Rex McCelvey v. State (2004) texapp · cites it 2× “See Tex. Water Code Ann. §§ 13.250 (a), 13.415 (West 2000); 30 Tex.”

Show all 22 citing cases →

— Tex. Water Code § 13.250(a) — 3 cases

Green Valley Special Util. Dist. v. Walker (2018) txwd “Green Valley argues it has incurred a state law duty under Texas Water Code § 13.250 to provide "continuous and adequate service" within its service area.”

John Hatchett, Sandra Hatchett, and JPH Capital LLP v. West Travis County Public Utility Agency (2020) texapp “See Tex. Water Code § 13.250(a) (“Except as provided by this section or Section 13.”

Megatel Homes LLC v. City of Mansfield, Texas (2025) txnd “2541 of the Water Code, “petition [the PUC] for expedited release of [its land] from” the CCN.”

— Tex. Water Code § 13.250(a)(1) — 1 case

— Tex. Water Code § 13.250(b) — 1 case

Annett v. Sunday Canyon Water Supply Corp. (1991) texapp “Tex.Water Code Ann. § 13.250(b) (Vernon 1988).”

— Tex. Water Code § 13.250(b)(3) — 1 case

Annett v. Sunday Canyon Water Supply Corp. (1991) texapp “Tex.Water Code Ann. § 13.250(b) (Vernon 1988).”

— Tex. Water Code § 13.250(d)(1) — 1 case

Ramona Ibarra, Marcos Ibarra, and Maribel L. Rodriguez v. the City of Laredo (2012) texapp

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