Bill Text: TX SB2272 | 2019-2020 | 86th Legislature | Enrolled
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 3-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB2272 Detail]
Download: Texas-2019-SB2272-Enrolled.html
S.B. No. 2272 |
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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 UTILITY | ||
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 the [ |
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certificate holder is a borrower under a federal loan program. | ||
(e) The certificate holder may not initiate an application | ||
to borrow money under a federal loan program after the date the | ||
petition is filed until the utility commission issues a decision on | ||
the petition. | ||
(f) The utility commission may require an award of | ||
compensation by the petitioner to the certificate holder in the | ||
manner provided by this section [ |
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SECTION 5. Section 13.2541, Water Code, as added by this | ||
Act, is amended by adding Subsections (g), (h), (i), and (j) 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 binding on the utility commission. The costs of the | ||
independent appraiser shall be borne by the petitioner. | ||
(h) Section 13.254(g) applies to a determination of the | ||
monetary amount of compensation under this section. | ||
(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. | ||
(j) The utility commission shall ensure that: | ||
(1) the monetary amount of compensation is determined | ||
not later than the 60th day after the date the utility commission | ||
receives the final appraisal; 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 6. 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 7. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2272 passed the Senate on | ||
May 1, 2019, by the following vote: Yeas 31, Nays 0; and that the | ||
Senate concurred in House amendment on May 25, 2019, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2272 passed the House, with | ||
amendment, on May 22, 2019, by the following vote: Yeas 143, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |