|
House Bill 1160 |
House Author: Geren |
|
Effective: Vetoed |
Senate Sponsor: Nelson et al. |
House Bill 1160 amends the Local Government Code to require the agency with authority over certificates of convenience and necessity for water and sewer service, on application by a municipality meeting certain criteria, to transfer at such time and under such circumstances as specified by a trial court a certificate of convenience and necessity for water and sewer service from a public utility to the municipality for the public utility's service area located in the municipality's corporate limits, if the municipality meets other requirements, and subject to specified conditions. The bill clarifies that its provisions do not alter the law with regard to a municipality's right to exercise the power of eminent domain and that a transfer is not effective unless certain conditions are met.
Reason Given for Veto: "House Bill 1160 allows a city to condemn the real property of a water or sewer utility, making no provision for the value of lost business. At a time when infrastructure is a focus for our growing state, this bill would provide a disincentive for development by private utilities. Additionally, there is pending litigation directly related to this issue."