Bill Text: TX SB2327 | 2023-2024 | 88th Legislature | Introduced

Texas Senate Bill 2327

Introduced

Bill Title: Relating to compensation for the streamlined expedited release of certain areas from a certificate of public convenience and necessity.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Water, Agriculture, & Rural Affairs [SB2327 Detail]

Download: Texas-2023-SB2327-Introduced.html



	By: Nichols	S.B. No. 2327


	A BILL TO BE ENTITLED
	AN ACT
	relating to compensation for 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(g), and (i), Water Code, are
	amended to read as follows:
	(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.