Amend CSSB 2272 (senate committee report) as follows:
(1) In SECTION 4 of the bill, strike redesignated Section 13.2541(f), Water Code (page 2, lines 23 through 34), and substitute the following:
(f) The utility commission may require an award of compensation by the petitioner to the certificate holder in the manner provided by this section [a decertified retail public utility that is the subject of a petition filed under Subsection (a-5) as otherwise provided by this section].
(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 13.2541, Water Code, as added by this Act, is amended by adding Subsections (g), (h), (i), and (j) to read as follows:
(g) The monetary amount of compensation, if any, shall be determined by a qualified individual or firm serving as independent appraiser agreed upon by the certificate holder and the petitioner. The determination of compensation by the independent appraiser shall be binding on the utility commission. The costs of the independent appraiser shall be borne by the petitioner.
(h) Section 13.254(g) applies to a determination of the monetary amount of compensation under this section.
(i) If the petitioner and the certificate holder cannot agree on an independent appraiser within 10 calendar days after the date on which the commission approves the petition, the petitioner and the certificate holder shall each engage its own appraiser at its own expense, and each appraisal shall be submitted to the utility commission within 70 calendar days after the date on which the commission approves the petition. After receiving the appraisals, the utility commission shall appoint a third appraiser who shall make a determination of the compensation within 100 days after the date on which the commission approves the petition. The determination may not be less than the lower appraisal or more than the higher appraisal. The petitioner and the certificate holder shall each pay half the cost of the third appraisal.
(j) The utility commission shall ensure that:
(1) the monetary amount of compensation is determined not later than the 60th day after the date the utility commission receives the final appraisal; and
(2) the landowner pays the compensation to the certificate holder not later than the 90th calendar day after the date the monetary amount of compensation is determined.