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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for amending or revoking certificates of |
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public convenience and necessity issued to certain retail public |
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utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.254(a-3), Water Code, is amended to |
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read as follows: |
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(a-3) Within 60 calendar days from the date the utility |
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commission determines the petition filed pursuant to Subsection |
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(a-1) to be administratively complete, the utility commission shall |
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grant the petition unless the utility commission makes an express |
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finding that the petitioner failed to satisfy the elements required |
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in Subsection (a-1) and supports its finding with separate findings |
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and conclusions for each element based solely on the information |
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provided by the petitioner and the certificate holder. The utility |
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commission may grant or deny a petition subject to terms and |
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conditions specifically related to the service request of the |
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petitioner and all relevant information submitted by the petitioner |
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and the certificate holder. In addition, the utility commission may |
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require an award of compensation as otherwise provided by this |
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section. If the utility commission requires an award of |
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compensation, the utility commission shall require the petitioner |
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to submit a report to the utility commission verifying for the |
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purposes of Subsection (d) that the compensation has been paid to |
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the decertified retail public utility. |
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SECTION 2. Section 13.2541(f), Water Code, is amended to |
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read as follows: |
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(f) The utility commission may require an award of |
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compensation by the petitioner to the certificate holder in the |
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manner provided by this section. If the utility commission requires |
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an award of compensation, the utility commission shall require the |
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petitioner to submit a report to the utility commission verifying |
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for the purposes of Subsection (j) that the compensation has been |
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paid to the certificate holder. |
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SECTION 3. Section 13.255, Water Code, is amended by |
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amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
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read as follows: |
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(c) The utility commission shall grant single certification |
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to the municipality. The utility commission shall also determine |
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whether single certification as requested by the municipality would |
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result in property of a retail public utility being rendered |
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useless or valueless to the retail public utility, and shall |
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determine in its order the monetary amount that is adequate and just |
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to compensate the retail public utility for such property. If the |
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municipality in its application has requested the transfer of |
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specified property of the retail public utility to the municipality |
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or to a franchised utility, the utility commission shall also |
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determine in its order the adequate and just compensation to be paid |
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for such property pursuant to the provisions of this section, |
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including an award for damages to property remaining in the |
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ownership of the retail public utility after single certification. |
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The order of the utility commission shall not be effective to |
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transfer property. A transfer of property may only be obtained |
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under this section by a court judgment rendered pursuant to |
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Subsection (d) or (e). The grant of single certification by the |
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utility commission shall go into effect on the date the |
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municipality or franchised utility, as the case may be, pays |
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adequate and just compensation pursuant to court order, or pays an |
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amount into the registry of the court or to the retail public |
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utility under Subsection (f). If the court judgment provides that |
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the retail public utility is not entitled to any compensation, the |
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grant of single certification shall go into effect when the court |
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judgment becomes final. |
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(c-1) The utility commission by rule shall require the |
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municipality or franchised utility to submit a report to the |
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utility commission verifying that the municipality or franchised |
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utility has paid all required adequate and just compensation to the |
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retail public utility as provided by Subsection (c). |
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(c-2) The municipality or franchised utility must provide |
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to each customer of the retail public utility being acquired an |
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individual written notice within 60 days after the effective date |
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for the transfer specified in the court judgment. The notice must |
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clearly advise the customer of the identity of the new service |
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provider, the reason for the transfer, the rates to be charged by |
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the new service provider, and the effective date of those rates. |
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SECTION 4. This Act takes effect September 1, 2021. |