Bill Text: TX HB2442 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to certificates of public convenience and necessity issued to certain retail public utilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB2442 Detail]
Download: Texas-2023-HB2442-Enrolled.html
H.B. No. 2442 |
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relating to certificates of public convenience and necessity issued | ||
to certain retail public utilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.2541, Water Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) On the day a petitioner submits a petition to the | ||
utility commission under this section, the petitioner shall send, | ||
via certified mail, a copy of the petition to the certificate | ||
holder, who may submit information to the utility commission to | ||
controvert information submitted by the petitioner. | ||
SECTION 2. Section 13.255, Water Code, is amended by adding | ||
Subsections (b-1) and (c-3) and amending Subsection (c) to read as | ||
follows: | ||
(b-1) On the day a municipality submits an application for | ||
single certification to the utility commission under this section, | ||
the municipality shall send, via certified mail or hand delivery, a | ||
copy of the application to the retail public utility. | ||
(c) The utility commission by order shall grant single | ||
certification to the municipality. The utility commission shall | ||
also [ |
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adequate and just to compensate the retail public utility for any of | ||
the retail public utility's [ |
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determines is being rendered useless or valueless 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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rendered under [ |
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single certification by the utility commission takes [ |
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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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(c-3) Before filing an appeal under Subsection (e) and not | ||
later than the seventh day after the date the utility commission | ||
issues a final order under Subsection (c), the retail public | ||
utility may appeal the final order to the utility commission in a | ||
separate hearing before the utility commission. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2442 was passed by the House on May 2, | ||
2023, by the following vote: Yeas 133, Nays 11, 3 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2442 was passed by the Senate on May | ||
23, 2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |