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Amend HB 2655 (Second Reading Engrossment), as follows:
(1) On page 1, lines 20-21, strike "Subject to the
provisions of Section 13.245 [Except as provided by Subsection (b),
if]," and substitute "If [Except as provided by Subsection (b),
if]".
(2) On page 2, lines 1-3, strike "To the extent of a conflict
between this section and Section 13.245, Section 13.245 prevails."
(3) On page 2, lines 4-26, strike Subsections (b) and (c),
and substitute the following:
(b) A municipality that seeks to extend a certificate of
public convenience and necessity beyond the municipality's
extraterritorial jurisdiction must ensure that the municipality
complies with Section 13.241 in relation to the area covered by the
portion of the certificate that extends beyond the municipality's
extraterritorial jurisdiction.
(c) The commission, after notice to the municipality and an
opportunity for a hearing, may decertify an area outside a
municipality's extraterritorial jurisdiction if the municipality
does not provide service to the area on or before the fifth
anniversary of the date the certificate of public convenience and
necessity was granted for the area. This subsection does not apply
to a certificate of public convenience and necessity for an area:
(1) that was transferred to a municipality on approval
of the commission; and
(2) in relation to which the municipality has spent
public funds.
(d) To the extent of a conflict between this section and
Section 13.245, Section 13.245 prevails. [The commission may not
extend a municipality's certificate of public convenience and
necessity beyond its extraterritorial jurisdiction without the
written consent of the landowner who owns the property in which the
certificate is to be extended. The portion of any certificate of
public convenience and necessity that extends beyond the
extraterritorial jurisdiction of the municipality without the
consent of the landowner is void.]