| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certificates of convenience and necessity. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 37.051(a), 37.053(a), 37.055, 37.057, |
|
|
and 37.151, Utilities Code, are amended to read as follows: |
|
|
Sec. 37.051. CERTIFICATE REQUIRED. (a) A person [electric
|
|
|
utility] may not directly or indirectly provide service to the |
|
|
public under a franchise or permit unless the person [utility] |
|
|
first obtains from the commission a certificate that states that |
|
|
the public convenience and necessity requires or will require the |
|
|
installation, operation, or extension of the service. |
|
|
(d) A certificate may be granted to a person under this |
|
|
subsection for a facility used solely for the transmission of |
|
|
electricity. |
|
|
Sec. 37.053. APPLICATION FOR CERTIFICATE. (a) A person [An
|
|
|
electric utility] that wants to obtain or amend a certificate must |
|
|
submit an application to the commission. |
|
|
Sec. 37.055. REQUEST FOR PRELIMINARY ORDER. (a) A person |
|
|
[An electric utility] that wants to exercise a right or privilege |
|
|
under a franchise or permit that the person [utility] anticipates |
|
|
obtaining but has not been granted may apply to the commission for a |
|
|
preliminary order under this section. |
|
|
(b) The commission may issue a preliminary order declaring |
|
|
that the commission, on application and under commission rules, |
|
|
will grant the requested certificate on terms the commission |
|
|
designates, after the person [electric utility] obtains the |
|
|
franchise or permit. |
|
|
(c) The commission shall grant the certificate on |
|
|
presentation of evidence satisfactory to the commission that the |
|
|
person [electric utility] has obtained the franchise or permit. |
|
|
Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION |
|
|
FACILITY. The commission may grant a certificate for a new |
|
|
transmission facility to any qualified applicant that meets the |
|
|
requirements of this subchapter. The commission must approve or |
|
|
deny an application for a certificate for a new transmission |
|
|
facility not later than the first anniversary of the date the |
|
|
application is filed. If the commission does not approve or deny the |
|
|
application on or before that date, a party may seek a writ of |
|
|
mandamus in a district court of Travis County to compel the |
|
|
commission to decide on the application. |
|
|
Sec. 37.151 PROVISION OF SERVICE. |
|
|
Except as provided by this section, Section 37.152, and |
|
|
Section 37.153, a certificate holder, other than those granted a |
|
|
certificate pursuant to Section 37.051(d), shall: |
|
|
(1) serve every consumer in the utility's certificated |
|
|
area; and |
|
|
(2) provide continuous and adequate service in that area. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |