| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the revocation or amendment of a certificate of public |
|
|
convenience and necessity for water or sewer service. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 13, Water Code, is amended by adding |
|
|
Section 13.2545 as follows: |
|
|
SECTION 13.2545. REVOCATION OR AMENDMENT OF CERTIFICATE |
|
|
UPON CUSTOMER PETITION. (a) In this section, "customer" means a |
|
|
current ratepayer or any person who has requested water or sewer |
|
|
service from a retail public utility. |
|
|
(b) Within 60 days of receipt of a petition signed by at |
|
|
least 60% of the customers of a geographic area requesting to be |
|
|
removed from a certificated area, the commission shall revoke or |
|
|
amend the certificate of public convenience and necessity to remove |
|
|
such petitioned area from the certified area. |
|
|
(c) A petition described by Subsection (a) must include a |
|
|
customer signature and legible description of the customer's name |
|
|
and service address. |
|
|
(d) A certificate of convenience and necessity shall be |
|
|
revoked or amended under this section without compensation to the |
|
|
certificate holder. Nothing in this section shall be construed to |
|
|
divest any real or personal property interests of a retail public |
|
|
utility within an area decertified under this section. A retail |
|
|
public utility whose certificate has been revoked or amended under |
|
|
this section may continue to provide service to the decertified |
|
|
area upon request by any customer within such decertified area. |
|
|
(e) Chapter 2001, Government Code, does not apply to a |
|
|
petition filed under this section. The commission's order to |
|
|
revoke or amend a certificate of convenience and necessity upon a |
|
|
petition described in this section is a final decision, may not be |
|
|
appealed, and is not subject to judicial review. |
|
|
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, 2011. |