Bill Text: TX HB3468 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the revocation or amendment of a certificate of public convenience and necessity for water or sewer service by petition.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-09 - No action taken in committee [HB3468 Detail]
Download: Texas-2013-HB3468-Introduced.html
| 83R10947 RWG-F | ||
| By: Bohac | H.B. No. 3468 | |
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| relating to the revocation or amendment of a certificate of public | ||
| convenience and necessity for water or sewer service by petition. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter G, Chapter 13, Water Code, is amended | ||
| by adding Section 13.2545 to read as follows: | ||
| Sec. 13.2545. REVOCATION OR AMENDMENT OF CERTIFICATE BY | ||
| CUSTOMER PETITION. (a) In this section, "customer" means a current | ||
| ratepayer or a person who has requested water or sewer service from | ||
| a retail public utility. | ||
| (b) The commission shall revoke or amend a certificate of | ||
| convenience and necessity to remove a geographic area from the area | ||
| covered by the certificate not later than 60 days after the date the | ||
| commission receives a petition that requests that a geographic area | ||
| specified by the petition be removed from the certificated area and | ||
| that is signed by at least 60 percent of the customers whose service | ||
| addresses are located in that geographic area. | ||
| (c) A petition described by Subsection (b) must include for | ||
| each customer: | ||
| (1) the customer's signature; and | ||
| (2) a legible description of the customer's name and | ||
| service address. | ||
| (d) The commission shall revoke or amend a certificate of | ||
| convenience and necessity under this section without compensation | ||
| to the certificate holder. Nothing in this section may be construed | ||
| to divest any real or personal property interests of a retail public | ||
| utility in an area decertified under this section. A retail public | ||
| utility whose certificate has been revoked or amended under this | ||
| section may continue to provide service to the decertified area on | ||
| the request by any customer in the area. | ||
| (e) Chapter 2001, Government Code, does not apply to a | ||
| petition filed under this section. The commission's order to | ||
| revoke or amend a certificate of convenience and necessity by | ||
| petition under this section is final, may not be appealed, and is | ||
| not subject to judicial review. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
