Bill Text: TX HB2962 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the revocation or amendment of a certificate of public convenience and necessity for water or sewer service.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB2962 Detail]
Download: Texas-2011-HB2962-Introduced.html
By: Bohac | H.B. No. 2962 |
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relating to the revocation or amendment of a certificate of public | ||
convenience and necessity for water or sewer service. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 13, Water Code, is amended by adding | ||
Section 13.2545 as follows: | ||
SECTION 13.2545. REVOCATION OR AMENDMENT OF CERTIFICATE | ||
UPON CUSTOMER PETITION. (a) In this section, "customer" means a | ||
current ratepayer or any person who has requested water or sewer | ||
service from a retail public utility. | ||
(b) Within 60 days of receipt of a petition signed by at | ||
least 60% of the customers of a geographic area requesting to be | ||
removed from a certificated area, the commission shall revoke or | ||
amend the certificate of public convenience and necessity to remove | ||
such petitioned area from the certified area. | ||
(c) A petition described by Subsection (a) must include a | ||
customer signature and legible description of the customer's name | ||
and service address. | ||
(d) A certificate of convenience and necessity shall be | ||
revoked or amended under this section without compensation to the | ||
certificate holder. Nothing in this section shall be construed to | ||
divest any real or personal property interests of a retail public | ||
utility within an area decertified under this section. A retail | ||
public utility whose certificate has been revoked or amended under | ||
this section may continue to provide service to the decertified | ||
area upon request by any customer within such decertified area. | ||
(e) Chapter 2001, Government Code, does not apply to a | ||
petition filed under this section. The commission's order to | ||
revoke or amend a certificate of convenience and necessity upon a | ||
petition described in this section is a final decision, may not be | ||
appealed, and is not subject to judicial review. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |