Bill Text: TX SB2114 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a certificate of public convenience and necessity to provide water or sewer service in an area incorporated or annexed by a municipality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to Local Government [SB2114 Detail]
Download: Texas-2021-SB2114-Introduced.html
87R6257 CXP-F | ||
By: Lucio | S.B. No. 2114 |
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relating to a certificate of public convenience and necessity to | ||
provide water or sewer service in an area incorporated or annexed by | ||
a municipality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.255, Water Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) The utility commission shall make an express finding of | ||
whether the retail public utility is capable of providing | ||
continuous and adequate service to the incorporated or annexed | ||
area. The finding must be based solely on information provided by | ||
the municipality and the retail public utility. The utility | ||
commission may grant single certification to the municipality only | ||
if the utility commission makes a finding under this subsection | ||
that the municipality demonstrated that the retail public utility | ||
is not capable of providing continuous and adequate service to the | ||
incorporated or annexed area. If the [ |
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grants single certification to the municipality, the utility | ||
commission shall [ |
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amount that is adequate and just to compensate the retail public | ||
utility for any of the retail public utility's [ |
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is affected by the single certification. If the municipality in its | ||
application has requested the transfer of specified property of the | ||
retail public utility to the municipality or to a franchised | ||
utility, the utility commission shall also determine in its order | ||
the adequate and just compensation to be paid for such property | ||
pursuant to the provisions of this section, including an award for | ||
damages to property remaining in the ownership of the retail public | ||
utility after single certification. The order of the utility | ||
commission shall not be effective to transfer property. A transfer | ||
of property may [ |
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court judgment rendered under [ |
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The grant of single certification by the utility commission takes | ||
[ |
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utility, as the case may be, pays adequate and just compensation | ||
pursuant to court order, or pays an amount into the registry of the | ||
court or to the retail public utility under Subsection (f). If the | ||
court judgment provides that the retail public utility is not | ||
entitled to any compensation, the grant of single certification | ||
takes [ |
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The municipality or franchised utility must provide to each | ||
customer of the retail public utility being acquired an individual | ||
written notice within 60 days after the effective date for the | ||
transfer specified in the court judgment. The notice must clearly | ||
advise the customer of the identity of the new service provider, the | ||
reason for the transfer, the rates to be charged by the new service | ||
provider, and the effective date of those rates. | ||
(c-1) Before filing an appeal under Subsection (e), the | ||
retail public utility may appeal to the utility commission in a | ||
separate hearing before the utility commission a final order of the | ||
utility commission issued under Subsection (c). | ||
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, 2021. |