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