By: Nichols S.B. No. 2327
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to compensation for the streamlined expedited release of
  certain areas from a certificate of public convenience and
  necessity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 13.2541(g), and (i), Water Code, are
  amended 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 conducted in compliance with the Uniform Standards of
  Professional Appraisal Practice and is binding on the utility
  commission. The costs of the independent appraiser shall be borne
  by the petitioner.
         (i)  If the petitioner and the certificate holder cannot
  agree on an independent appraiser within 10 calendar days after the
  date on which the utility 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 utility 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 utility 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. An appraisal under this subsection must be conducted in
  compliance with the Uniform Standards of Professional Appraisal
  Practice. 
         SECTION 2.  The changes in law made by this Act apply only to
  a proceeding affecting a certificate of public convenience and
  necessity that commences on or after the effective date of this Act.
  A proceeding affecting a certificate of public convenience and
  necessity that commenced before the effective date of this Act is
  governed by the law in effect on the date the proceeding is
  commenced, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.