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A BILL TO BE ENTITLED
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AN ACT
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relating to the streamlined expedited release of certain areas from |
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a certificate of public convenience and necessity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 13.2541(b), (g), and (i), Water Code, |
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are amended to read as follows: |
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(b) As an alternative to decertification or expedited |
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release under Section 13.254, the owner of a tract of land that is |
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at least 25 acres and that has [is] not received [receiving] water |
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or sewer service may petition for expedited release of the area from |
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a certificate of public convenience and necessity in the manner |
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provided by this section and is entitled to that release if the |
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landowner's property is located in a county with a population of at |
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least one million, a county adjacent to a county with a population |
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of at least one million, or a county with a population of more than |
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200,000 and less than 220,000 that does not contain a public or |
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private university that had a total enrollment in the most recent |
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fall semester of 40,000 or more, and not in a county that has a |
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population of more than 45,500 and less than 47,500. |
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(g) The monetary amount of compensation, if any, shall be |
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determined by a qualified individual or firm serving as independent |
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appraiser agreed upon by the certificate holder and the petitioner. |
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The determination of compensation by the independent appraiser |
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shall be conducted in compliance with the Uniform Standards of |
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Professional Appraisal Practice and is binding on the utility |
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commission. The costs of the independent appraiser shall be borne |
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by the petitioner. |
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(i) If the petitioner and the certificate holder cannot |
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agree on an independent appraiser within 10 calendar days after the |
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date on which the utility commission approves the petition, the |
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petitioner and the certificate holder shall each engage its own |
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appraiser at its own expense, and each appraisal shall be submitted |
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to the utility commission within 70 calendar days after the date on |
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which the utility commission approves the petition. After |
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receiving the appraisals, the utility commission shall appoint a |
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third appraiser who shall make a determination of the compensation |
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within 100 days after the date on which the utility commission |
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approves the petition. The determination may not be less than the |
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lower appraisal or more than the higher appraisal. The petitioner |
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and the certificate holder shall each pay half the cost of the third |
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appraisal. An appraisal under this subsection must be conducted in |
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compliance with the Uniform Standards of Professional Appraisal |
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Practice. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |