Bill Text: TX HB2442 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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By: Guillen H.B. No. 2442

A BILL TO BE ENTITLED
AN ACT
relating to the procedure for amending or revoking 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
Subsection (b-1) 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.
SECTION 3. Section 13.255, Water Code, is amended by
amending Subsection (c) to read as follows:
(c) The utility commission shall make a finding to grant
single certification to the municipality. The utility commission
shall also determine in its order the monetary amount that is
adequate and just to compensate the retail public utility for
[determine whether single certification as requested by the
municipality would result in] retail public utility property [of a
retail public utility] being rendered useless or valueless by the
single certification as requested by the municipality, as
determined by the utility commission [to the retail public utility,
and shall determine in its order the monetary amount that is
adequate and just to compensate the retail public utility for such
property]. 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 [only] be obtained under this section by only a court judgment
rendered pursuant to Subsection (d) or (e). The grant of single
certification by the utility commission takes [shall go into]
effect on the date the municipality or franchised 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 [shall go
into] effect when the court judgment becomes final.
SECTION 4. Section 13.255, Water Code, is amended by adding
Subsection (c-3) to read as follows:
(c-3) Before filing an appeal under Subsection (e), and
within seven calendar days of the finding by the utility commission
under Subsection (c), 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 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, 2023.