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A BILL TO BE ENTITLED
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AN ACT
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relating to the revocation or amendment of a certificate of public |
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convenience and necessity for water or sewer service by petition. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 13, Water Code, is amended |
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by adding Section 13.2545 to read as follows: |
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Sec. 13.2545. REVOCATION OR AMENDMENT OF CERTIFICATE BY |
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CUSTOMER PETITION. (a) In this section, "customer" means a current |
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ratepayer or a person who has requested water or sewer service from |
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a retail public utility. |
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(b) The commission shall revoke or amend a certificate of |
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convenience and necessity to remove a geographic area from the area |
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covered by the certificate not later than 60 days after the date the |
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commission receives a petition that requests that a geographic area |
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specified by the petition be removed from the certificated area and |
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that is signed by at least 60 percent of the customers whose service |
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addresses are located in that geographic area. |
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(c) A petition described by Subsection (b) must include for |
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each customer: |
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(1) the customer's signature; and |
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(2) a legible description of the customer's name and |
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service address. |
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(d) The commission shall revoke or amend a certificate of |
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convenience and necessity under this section without compensation |
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to the certificate holder. Nothing in this section may be construed |
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to divest any real or personal property interests of a retail public |
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utility in an area decertified under this section. A retail public |
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utility whose certificate has been revoked or amended under this |
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section may continue to provide service to the decertified area on |
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the request by any customer in the area. |
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(e) Chapter 2001, Government Code, does not apply to a |
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petition filed under this section. The commission's order to |
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revoke or amend a certificate of convenience and necessity by |
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petition under this section is final, may not be appealed, and is |
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not subject to judicial review. |
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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, 2013. |