Bill Text: TX HB4133 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the streamlined expedited release of certain areas from a certificate of public convenience and necessity.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-04-11 - Left pending in committee [HB4133 Detail]
Download: Texas-2023-HB4133-Introduced.html
| By: Rogers | H.B. No. 4133 | |
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| relating to the streamlined expedited release of certain areas from | ||
| a certificate of public convenience and necessity. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 13.2541(b), (g), and (i), Water Code, | ||
| are amended to read as follows: | ||
| (b) As an alternative to decertification or expedited | ||
| release under Section 13.254, the owner of a tract of land that is | ||
| at least 25 acres and that has [ |
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| 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. | ||
| (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 conducted in compliance with the Uniform Standards of | ||
| Professional Appraisal Practice and is binding on the utility | ||
| commission. The costs of the independent appraiser shall be borne | ||
| by the petitioner. | ||
| (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. An appraisal under this subsection must be conducted in | ||
| compliance with the Uniform Standards of Professional Appraisal | ||
| Practice. | ||
| 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, 2023. | ||
