Texas 2021 - 87th Regular

Texas House Bill HB837 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 837
	1	+	By: Lucio III (Senate Sponsor - Zaffirini) H.B. No. 837
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	May 3, 2021, read first time and referred to Committee on Water,
	4	+	Agriculture & Rural Affairs; May 13, 2021, reported favorably by
	5	+	the following vote: Yeas 8, Nays 0; May 13, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the procedure for amending or revoking certificates of
6	12		public convenience and necessity issued to certain retail public
7	13		utilities.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 13.254(a-3), Water Code, is amended to
10	16		read as follows:
11	17		(a-3) Within 60 calendar days from the date the utility
12	18		commission determines the petition filed pursuant to Subsection
13	19		(a-1) to be administratively complete, the utility commission shall
14	20		grant the petition unless the utility commission makes an express
15	21		finding that the petitioner failed to satisfy the elements required
16	22		in Subsection (a-1) and supports its finding with separate findings
17	23		and conclusions for each element based solely on the information
18	24		provided by the petitioner and the certificate holder. The utility
19	25		commission may grant or deny a petition subject to terms and
20	26		conditions specifically related to the service request of the
21	27		petitioner and all relevant information submitted by the petitioner
22	28		and the certificate holder. In addition, the utility commission may
23	29		require an award of compensation as otherwise provided by this
24	30		section. If the utility commission requires an award of
25	31		compensation, the utility commission shall require the petitioner
26	32		to submit a report to the utility commission verifying for the
27	33		purposes of Subsection (d) that the compensation has been paid to
28	34		the decertified retail public utility.
29	35		SECTION 2. Section 13.2541(f), Water Code, is amended to
30	36		read as follows:
31	37		(f) The utility commission may require an award of
32	38		compensation by the petitioner to the certificate holder in the
33	39		manner provided by this section. If the utility commission requires
34	40		an award of compensation, the utility commission shall require the
35	41		petitioner to submit a report to the utility commission verifying
36	42		for the purposes of Subsection (j) that the compensation has been
37	43		paid to the certificate holder.
38	44		SECTION 3. Section 13.255, Water Code, is amended by
39	45		amending Subsection (c) and adding Subsections (c-1) and (c-2) to
40	46		read as follows:
41	47		(c) The utility commission shall grant single certification
42	48		to the municipality. The utility commission shall also determine
43	49		whether single certification as requested by the municipality would
44	50		result in property of a retail public utility being rendered
45	51		useless or valueless to the retail public utility, and shall
46	52		determine in its order the monetary amount that is adequate and just
47	53		to compensate the retail public utility for such property. If the
48	54		municipality in its application has requested the transfer of
49	55		specified property of the retail public utility to the municipality
50	56		or to a franchised utility, the utility commission shall also
51	57		determine in its order the adequate and just compensation to be paid
52	58		for such property pursuant to the provisions of this section,
53	59		including an award for damages to property remaining in the
54	60		ownership of the retail public utility after single certification.
55	61		The order of the utility commission shall not be effective to
56	62		transfer property. A transfer of property may only be obtained
57	63		under this section by a court judgment rendered pursuant to
58	64		Subsection (d) or (e). The grant of single certification by the
59	65		utility commission shall go into effect on the date the
60	66		municipality or franchised utility, as the case may be, pays
61	67		adequate and just compensation pursuant to court order, or pays an
62	68		amount into the registry of the court or to the retail public
63	69		utility under Subsection (f). If the court judgment provides that
64	70		the retail public utility is not entitled to any compensation, the
65	71		grant of single certification shall go into effect when the court
66	72		judgment becomes final.
67	73		(c-1) The utility commission by rule shall require the
68	74		municipality or franchised utility to submit a report to the
69	75		utility commission verifying that the municipality or franchised
70	76		utility has paid all required adequate and just compensation to the
71	77		retail public utility as provided by Subsection (c).
72	78		(c-2) The municipality or franchised utility must provide
73	79		to each customer of the retail public utility being acquired an
74	80		individual written notice within 60 days after the effective date
75	81		for the transfer specified in the court judgment. The notice must
76	82		clearly advise the customer of the identity of the new service
77	83		provider, the reason for the transfer, the rates to be charged by
78	84		the new service provider, and the effective date of those rates.
79	85		SECTION 4. This Act takes effect September 1, 2021.
80		-	______________________________ ______________________________
81		-	President of the Senate Speaker of the House
82		-	I certify that H.B. No. 837 was passed by the House on April
83		-	16, 2021, by the following vote: Yeas 142, Nays 3, 2 present, not
84		-	voting.
85		-	______________________________
86		-	Chief Clerk of the House
87		-	I certify that H.B. No. 837 was passed by the Senate on May
88		-	19, 2021, by the following vote: Yeas 31, Nays 0.
89		-	______________________________
90		-	Secretary of the Senate
91		-	APPROVED: _____________________
92		-	Date
93		-	_____________________
94		-	Governor
	86	+	* * * * *