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