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AN ACT
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relating to certificates of public convenience and necessity issued |
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to certain retail public utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.2541, Water Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) On the day a petitioner submits a petition to the |
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utility commission under this section, the petitioner shall send, |
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via certified mail, a copy of the petition to the certificate |
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holder, who may submit information to the utility commission to |
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controvert information submitted by the petitioner. |
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SECTION 2. Section 13.255, Water Code, is amended by adding |
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Subsections (b-1) and (c-3) and amending Subsection (c) to read as |
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follows: |
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(b-1) On the day a municipality submits an application for |
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single certification to the utility commission under this section, |
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the municipality shall send, via certified mail or hand delivery, a |
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copy of the application to the retail public utility. |
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(c) The utility commission by order shall grant 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 any of |
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the retail public utility's [such] property the utility commission |
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determines is being rendered useless or valueless by the single |
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certification. If the municipality in its application has |
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requested the transfer of specified property of the retail public |
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utility to the municipality or to a franchised utility, the utility |
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commission 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. A transfer of property |
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may [only] be obtained under this section only by a court judgment |
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rendered under [pursuant to] Subsection (d) or (e). The grant of |
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single certification by the utility commission takes [shall go |
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into] effect on the date the municipality or franchised utility, as |
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the case may be, pays adequate and just compensation pursuant to |
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court order, or pays an amount into the registry of the court or to |
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the retail public utility under Subsection (f). If the court |
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judgment provides that the retail public utility is not entitled to |
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any compensation, the grant of single certification takes [shall go |
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into] effect when the court judgment becomes final. |
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(c-3) Before filing an appeal under Subsection (e) and not |
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later than the seventh day after the date the utility commission |
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issues a final order under Subsection (c), the retail public |
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utility may appeal the final order to the utility commission in a |
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separate hearing before the utility commission. |
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SECTION 3. The changes in law made by this Act apply only to |
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a proceeding affecting a certificate of public convenience and |
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necessity that commences on or after the effective date of this Act. |
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A proceeding affecting a certificate of public convenience and |
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necessity that commenced before the effective date of this Act is |
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governed by the law in effect on the date the proceeding is |
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commenced, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2442 was passed by the House on May 2, |
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2023, by the following vote: Yeas 133, Nays 11, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2442 was passed by the Senate on May |
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23, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |