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A BILL TO BE ENTITLED
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AN ACT
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relating to the burden of proof in proceedings in district, |
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statutory county court, and county courts; involving the |
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determination of common carrier status. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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Section 1. Title 7, Civil Practices and Remedies Code, is |
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amended by adding new Chapter 174 as follows: |
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Section 174.001 DESIGNATION OF COMMON CARRIER. (a) A |
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determination by the commission that an entity is a common carrier, |
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as defined under Section 111.002 of the Natural Resources Code, is |
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not conclusive on that issue in a proceeding in district, statutory |
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county court, and county courts, unless the commission has made |
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that determination after notice, a hearing, and the opportunity to |
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appeal. |
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(b) A commission decision made pursuant to this Section may |
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be appealed pursuant to Government Code Section 2001.171. |
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(c) The commission shall adopt rules necessary to |
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effectuate the provisions of this chapter. |
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Section 3. This Act takes effect September 1, 2013. |