Bill Text: TX HB837 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the procedure for amending or revoking certificates of public convenience and necessity issued to certain retail public utilities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB837 Detail]
Download: Texas-2021-HB837-Enrolled.html
| H.B. No. 837 | ||
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| relating to the procedure for amending or revoking certificates of | ||
| public convenience and necessity issued to certain retail public | ||
| utilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 13.254(a-3), Water Code, is amended to | ||
| read as follows: | ||
| (a-3) Within 60 calendar days from the date the utility | ||
| commission determines the petition filed pursuant to Subsection | ||
| (a-1) to be administratively complete, the utility commission shall | ||
| grant the petition unless the utility commission makes an express | ||
| finding that the petitioner failed to satisfy the elements required | ||
| in Subsection (a-1) and supports its finding with separate findings | ||
| and conclusions for each element based solely on the information | ||
| provided by the petitioner and the certificate holder. The utility | ||
| commission may grant or deny a petition subject to terms and | ||
| conditions specifically related to the service request of the | ||
| petitioner and all relevant information submitted by the petitioner | ||
| and the certificate holder. In addition, the utility commission may | ||
| require an award of compensation as otherwise provided by this | ||
| section. If the utility commission requires an award of | ||
| compensation, the utility commission shall require the petitioner | ||
| to submit a report to the utility commission verifying for the | ||
| purposes of Subsection (d) that the compensation has been paid to | ||
| the decertified retail public utility. | ||
| SECTION 2. Section 13.2541(f), Water Code, is amended to | ||
| read as follows: | ||
| (f) The utility commission may require an award of | ||
| compensation by the petitioner to the certificate holder in the | ||
| manner provided by this section. If the utility commission requires | ||
| an award of compensation, the utility commission shall require the | ||
| petitioner to submit a report to the utility commission verifying | ||
| for the purposes of Subsection (j) that the compensation has been | ||
| paid to the certificate holder. | ||
| SECTION 3. Section 13.255, Water Code, is amended by | ||
| amending Subsection (c) and adding Subsections (c-1) and (c-2) to | ||
| read as follows: | ||
| (c) The utility commission shall grant single certification | ||
| to the municipality. The utility commission shall also determine | ||
| whether single certification as requested by the municipality would | ||
| result in property of a retail public utility being rendered | ||
| useless or valueless to the retail public utility, and shall | ||
| determine in its order the monetary amount that is 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. 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. | ||
| (c-1) The utility commission by rule shall require the | ||
| municipality or franchised utility to submit a report to the | ||
| utility commission verifying that the municipality or franchised | ||
| utility has paid all required adequate and just compensation to the | ||
| retail public utility as provided by Subsection (c). | ||
| (c-2) 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 4. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 837 was passed by the House on April | ||
| 16, 2021, by the following vote: Yeas 142, Nays 3, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 837 was passed by the Senate on May | ||
| 19, 2021, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
