Bill Text: TX HB4254 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the procedure for amending or revoking certificates of public convenience and necessity issued to certain water utilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [HB4254 Detail]
Download: Texas-2019-HB4254-Introduced.html
By: Metcalf | H.B. No. 4254 |
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relating to the procedure for amending or revoking certificates of | ||
public convenience and necessity issued to certain water utilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 13.254, Water Code, is | ||
amended to read as follows: | ||
Sec. 13.254. DECERTIFICATION INITIATED BY COMMISSION OR | ||
UTILITY; EXPEDITED RELEASE INITIATED BY LANDOWNER [ |
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SECTION 2. Sections 13.254(a-2) and (d), Water Code, are | ||
amended to read as follows: | ||
(a-2) A landowner is not entitled to file a petition under | ||
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13.2541 [ |
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involuntary certification of the landowner's [ |
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hearing held by the utility commission if the landowner's property | ||
is located: | ||
(1) in [ |
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the extraterritorial jurisdiction of a municipality with a | ||
population of more than 500,000 and the municipality or retail | ||
public utility owned by the municipality is the holder of the | ||
certificate; or | ||
(2) in a platted subdivision actually receiving water | ||
or sewer service. | ||
(d) A retail public utility may not in any way render retail | ||
water or sewer service directly or indirectly to the public in an | ||
area that has been decertified under this section unless just and | ||
adequate compensation required under Subsection (g) has been paid | ||
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decertified retail public utility [ |
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SECTION 3. Subchapter G, Chapter 13, Water Code, is amended | ||
by adding Section 13.2541 to read as follows: | ||
Sec. 13.2541. STREAMLINED EXPEDITED RELEASE INITIATED BY | ||
LANDOWNER. (a) Sections 13.254(a-7), (c), (d), and (h) apply to a | ||
proceeding under this section. | ||
SECTION 4. Sections 13.254(a-5) and (a-6), Water Code, are | ||
transferred to Section 13.2541, Water Code, as added by this Act, | ||
redesignated as Sections 13.2541(b), (c), (d), (e), and (f), Water | ||
Code, and amended to read as follows: | ||
(b) [ |
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acres and that is not receiving water or sewer service may petition | ||
for expedited release of the area from a certificate of public | ||
convenience and necessity in the manner provided by this section | ||
and is entitled to that release if the landowner's property is | ||
located in a county with a population of at least one million, a | ||
county adjacent to a county with a population of at least one | ||
million, or a county with a population of more than 200,000 and less | ||
than 220,000 that does not contain a public or private university | ||
that had a total enrollment in the most recent fall semester of | ||
40,000 or more, and not in a county that has a population of more | ||
than 45,500 and less than 47,500. | ||
(c) [ |
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petition [ |
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day after the date the landowner files the petition. | ||
(d) The utility commission may not deny a petition [] based | ||
on the fact that a certificate holder is a borrower under a federal | ||
loan program. | ||
(e) A certificate holder that is the subject of a petition | ||
under this section may not borrow money under a federal loan program | ||
after the date the petition is filed until the utility commission | ||
issues a decision on the petition. A landowner that submits a | ||
petition under this section may pay or defease federal loans for a | ||
certificate holder that is a borrower under a federal loan program. | ||
The utility commission may issue an order to require the | ||
certificate holder to accept a loan payment or defeasance under | ||
this subsection. | ||
(f) The utility commission may require an award of | ||
compensation by the petitioner to the certificate holder in the | ||
manner provided by Sections 13.254(f), (g), and (g-1) [ |
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(1) the monetary amount of compensation is determined | ||
not later than the 90th calendar day after the date the utility | ||
commission approves the petition; and | ||
(2) the landowner pays the compensation to the | ||
certificate holder not later than the 90th calendar day after the | ||
date the monetary amount of compensation is determined. | ||
SECTION 5. 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 6. This Act takes effect September 1, 2019. |