1-1 AN ACT
1-2 relating to the selection of appraisers for the determination of
1-3 compensation paid to certain retail public utilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13.255, Water Code, is amended by
1-6 amending Subsection (l) to read as follows:
1-7 (l) For an area incorporated by a municipality, the [The]
1-8 compensation provided under Subsection (g) shall be determined by a
1-9 qualified individual or firm to serve as independent appraiser, who
1-10 shall be selected by the affected retail public utility, and the
1-11 costs of the appraiser shall be paid by the municipality. For an
1-12 area annexed by a municipality, the compensation provided under
1-13 Subsection (g) shall be determined by a qualified individual or
1-14 firm to which the municipality and the retail public utility agree
1-15 to serve as independent appraiser. If the retail public utility
1-16 and the municipality are unable to agree on a single individual or
1-17 firm to serve as the independent appraiser before the 11th day
1-18 after the date the retail public utility or municipality notifies
1-19 the other party of the impasse, the retail public utility and
1-20 municipality each shall appoint a qualified individual or firm to
1-21 serve as independent appraiser. On or before the 10th business day
1-22 after the date of their appointment, the independent appraisers
1-23 shall meet to reach an agreed determination of the amount of
1-24 compensation. If the appraisers are unable to agree on a
2-1 determination before the 16th business day after the date of their
2-2 first meeting under this subsection, the retail public utility or
2-3 municipality may petition the commission or a person the commission
2-4 designates for the purpose to appoint a third qualified independent
2-5 appraiser to reconcile the appraisals of the two originally
2-6 appointed appraisers. The determination of the third appraiser may
2-7 not be less than the lesser or more than the greater of the two
2-8 original appraisals. The costs of the independent appraisers for
2-9 an annexed area shall be shared equally by the retail public
2-10 utility and the municipality. The determination of compensation
2-11 under this subsection is [by the independent appraiser shall be]
2-12 binding on the commission. [The costs of the independent appraiser
2-13 shall be borne by the municipality.]
2-14 SECTION 2. The changes in law made by this Act apply only to
2-15 an application filed with the Texas Natural Resource Conservation
2-16 Commission to grant single certification to a municipality under
2-17 Section 13.255(b), Water Code, that is filed on or after September
2-18 1, 1999. An application to grant single certification filed with
2-19 the commission under that section before September 1, 1999, is
2-20 governed by the law in effect immediately before the effective date
2-21 of this Act, and the former law is continued in effect for that
2-22 purpose.
2-23 SECTION 3. This Act takes effect September 1, 1999.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1362 was passed by the House on March
25, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1362 on May 12, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1362 on May 26, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1362 was passed by the Senate, with
amendments, on May 10, 1999, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1362 on May 29, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor