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A BILL TO BE ENTITLED
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AN ACT
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relating to the certificate of convenience and need |
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decertification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.255, Sec. (c) Water Code, is amended |
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to read as follows: |
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(c) The utility commission [shall] may grant single |
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certification to the municipality unless the utility commission |
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makes an express finding that the municipality failed to |
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demonstrate the retail public utility is not capable of providing |
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service to the proposed decertified area on a continuous and |
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adequate basis and supports each of its findings and conclusions |
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based solely on the information provided by the municipality and |
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the retail public utility. If the utility commission grants single |
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certification to the municipality, the utility commission shall |
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[also determine whether single certification as requested by the
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municipality would result in property of a retail public utility
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being rendered useless or valueless to the retail public utility,
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and shall] determine in its order the monetary amount that is |
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adequate and just to compensate the retail public utility for such |
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property. If the municipality in its application has requested the |
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transfer of specified property of the retail public utility to the |
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municipality or to a franchised utility, the utility commission |
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shall also determine in its order the adequate and just |
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compensation to be paid for such property pursuant to the |
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provisions of this section, including an award for damages to |
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property remaining in the ownership of the retail public utility |
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after single certification. The order of the utility commission |
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shall not be effective to transfer property. The retail public |
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utility may appeal the utility commission ruling in a separate |
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appeals hearing before the utility commission. |
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A transfer of |
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property may only be obtained under this section by a court judgment |
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rendered pursuant to Subsection (d) or (e). The grant of single |
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certification by the utility commission shall go into effect on the |
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date the municipality or franchised utility, as the case may be, |
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pays adequate and just compensation pursuant to court order, or |
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pays an amount into the registry of the court or to the retail |
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public utility under Subsection (f). If the court judgment provides |
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that the retail public utility is not entitled to any compensation, |
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the grant of single certification shall go into effect when the |
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court judgment becomes final. The municipality or franchised |
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utility must provide to each customer of the retail public utility |
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being acquired an individual written notice within 60 days after |
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the effective date for the transfer specified in the court |
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judgment. The notice must clearly advise the customer of the |
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identity of the new service provider, the reason for the transfer, |
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the rates to be charged by the new service provider, and the |
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effective date of those rates. |
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SECTION 2. This Act takes effect September 1, 2019. |