By Lewis of Orange H.B. No. 1935
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to single certification of an area served by a
1-3 municipality and certain retail public utilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13.255(j), Water Code, is amended to read
1-6 as follows:
1-7 (j) This section shall apply only in a case where:
1-8 (1) the retail public utility that is authorized to
1-9 serve in the certificated area that is annexed or incorporated by
1-10 the municipality is a nonprofit water supply or sewer service
1-11 corporation or a special utility district under Chapter 65, Water
1-12 Code; or
1-13 (2) the retail public utility that is authorized to
1-14 serve in the certificated area that is annexed or incorporated by
1-15 the municipality is a retail public utility, other than a nonprofit
1-16 water supply or sewer service corporation, and whose service area
1-17 is located entirely within the boundaries of a municipality with a
1-18 population of 1.7 million or more according to the most recent
1-19 federal census.
1-20 SECTION 2. Section 13.255, Water Code, is amended by adding
1-21 Subsection (l) to read as follows:
1-22 (l) The compensation provided under Subsection (g) shall be
1-23 determined by a qualified individual or firm to serve as
1-24 independent appraiser, who shall be selected by the affected retail
2-1 public utility. The determination of compensation by the
2-2 independent appraiser shall be binding on the commission. The
2-3 costs of the independent appraiser shall be borne by the
2-4 municipality.
2-5 SECTION 3. Section 13.255, Water Code, is amended by adding
2-6 Subsection (m) to read as follows:
2-7 (m) The commission shall deny an application for single
2-8 certification by a municipality that fails to demonstrate
2-9 compliance with the commission's minimum requirements for public
2-10 drinking water systems.
2-11 SECTION 4. Section 13.255(g), Water Code, is amended to read
2-12 as follows:
2-13 (g) For the purpose of implementing this section, the value
2-14 of real property shall be determined <by the commission and/or the
2-15 court> according to the standards set forth in Chapter 21, Property
2-16 Code, governing actions in eminent domain; the value of personal
2-17 property shall be determined according to the <rules to be
2-18 promulgated by the commission pursuant to the> factors in this
2-19 subsection. The factors ensuring <Such rules shall assure> that
2-20 the compensation to a retail public utility for the taking, <and>
2-21 damaging, and/or loss of personal property, including the retail
2-22 public utility's business, is just and adequate, <and> shall, at a
2-23 minimum, include <take into account the following factors>: impact
2-24 on the existing indebtedness of the retail public utility and its
2-25 ability to repay that debt, the value of the service facilities
2-26 <personal and real property> of the retail public utility located
2-27 within the area in question, the amount of any expenditures for
3-1 planning, design, or construction of service facilities outside the
3-2 incorporated or annexed area that are allocable to service to the
3-3 area in question, the amount of the retail public utility's
3-4 contractual obligations allocable to the area in question, any
3-5 demonstrated impairment of service or increase of cost to consumers
3-6 of the retail public utility remaining after the single
3-7 certification, the impact on future revenues and expenses of the
3-8 retail public utility, necessary and reasonable legal expenses and
3-9 professional fees, factors relevant to maintaining the current
3-10 financial integrity of the retail public utility, and other
3-11 relevant factors.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.