Bill Text: TX HB4553 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the certificate of convenience and need decertification.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB4553 Detail]
Download: Texas-2019-HB4553-Introduced.html
By: Lucio III | H.B. No. 4553 |
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relating to the certificate of convenience and need | ||
decertification. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.255, Sec. (c) Water Code, is amended | ||
to read as follows: | ||
(c) The utility commission [ |
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certification to the municipality unless the utility commission | ||
makes an express finding that the municipality failed to | ||
demonstrate the retail public utility is not capable of providing | ||
service to the proposed decertified area on a continuous and | ||
adequate basis and supports each of its findings and conclusions | ||
based solely on the information provided by the municipality and | ||
the retail public utility. If the utility commission grants single | ||
certification to the municipality, the utility commission shall | ||
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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. The retail public | ||
utility may appeal the utility commission ruling in a separate | ||
appeals hearing before the utility commission. | ||
A transfer of | ||
property may only be obtained under this section by a court judgment | ||
rendered pursuant to Subsection (d) or (e). The grant of single | ||
certification by the utility commission 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 shall go into effect when the | ||
court judgment becomes final. The municipality or franchised | ||
utility must provide to each customer of the retail public utility | ||
being acquired an individual written notice within 60 days after | ||
the effective date for the transfer specified in the court | ||
judgment. The notice must clearly advise the customer of the | ||
identity of the new service provider, the reason for the transfer, | ||
the rates to be charged by the new service provider, and the | ||
effective date of those rates. | ||
SECTION 2. This Act takes effect September 1, 2019. |