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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation for the streamlined expedited release of |
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certain areas from a certificate of public convenience and |
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necessity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 13.2541(g), and (i), Water Code, are |
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amended to read as follows: |
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(g) The monetary amount of compensation, if any, shall be |
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determined by a qualified individual or firm serving as independent |
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appraiser agreed upon by the certificate holder and the petitioner. |
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The determination of compensation by the independent appraiser |
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shall be conducted in compliance with the Uniform Standards of |
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Professional Appraisal Practice and is binding on the utility |
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commission. The costs of the independent appraiser shall be borne |
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by the petitioner. |
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(i) If the petitioner and the certificate holder cannot |
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agree on an independent appraiser within 10 calendar days after the |
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date on which the utility commission approves the petition, the |
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petitioner and the certificate holder shall each engage its own |
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appraiser at its own expense, and each appraisal shall be submitted |
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to the utility commission within 70 calendar days after the date on |
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which the utility commission approves the petition. After receiving |
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the appraisals, the utility commission shall appoint a third |
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appraiser who shall make a determination of the compensation within |
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100 days after the date on which the utility commission approves the |
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petition. The determination may not be less than the lower |
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appraisal or more than the higher appraisal. The petitioner and the |
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certificate holder shall each pay half the cost of the third |
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appraisal. An appraisal under this subsection must be conducted in |
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compliance with the Uniform Standards of Professional Appraisal |
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Practice. |
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SECTION 2. The changes in law made by this Act apply only to |
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a proceeding affecting a certificate of public convenience and |
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necessity that commences on or after the effective date of this Act. |
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A proceeding affecting a certificate of public convenience and |
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necessity that commenced before the effective date of this Act is |
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governed by the law in effect on the date the proceeding is |
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commenced, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |