| 1 | 1 | | By: Nichols S.B. No. 2327 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to compensation for the streamlined expedited release of |
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| 7 | 7 | | certain areas from a certificate of public convenience and |
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| 8 | 8 | | necessity. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 13.2541(g), and (i), Water Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (g) The monetary amount of compensation, if any, shall be |
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| 13 | 13 | | determined by a qualified individual or firm serving as independent |
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| 14 | 14 | | appraiser agreed upon by the certificate holder and the petitioner. |
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| 15 | 15 | | The determination of compensation by the independent appraiser |
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| 16 | 16 | | shall be conducted in compliance with the Uniform Standards of |
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| 17 | 17 | | Professional Appraisal Practice and is binding on the utility |
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| 18 | 18 | | commission. The costs of the independent appraiser shall be borne |
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| 19 | 19 | | by the petitioner. |
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| 20 | 20 | | (i) If the petitioner and the certificate holder cannot |
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| 21 | 21 | | agree on an independent appraiser within 10 calendar days after the |
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| 22 | 22 | | date on which the utility commission approves the petition, the |
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| 23 | 23 | | petitioner and the certificate holder shall each engage its own |
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| 24 | 24 | | appraiser at its own expense, and each appraisal shall be submitted |
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| 25 | 25 | | to the utility commission within 70 calendar days after the date on |
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| 26 | 26 | | which the utility commission approves the petition. After receiving |
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| 27 | 27 | | the appraisals, the utility commission shall appoint a third |
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| 28 | 28 | | appraiser who shall make a determination of the compensation within |
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| 29 | 29 | | 100 days after the date on which the utility commission approves the |
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| 30 | 30 | | petition. The determination may not be less than the lower |
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| 31 | 31 | | appraisal or more than the higher appraisal. The petitioner and the |
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| 32 | 32 | | certificate holder shall each pay half the cost of the third |
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| 33 | 33 | | appraisal. An appraisal under this subsection must be conducted in |
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| 34 | 34 | | compliance with the Uniform Standards of Professional Appraisal |
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| 35 | 35 | | Practice. |
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| 36 | 36 | | SECTION 2. The changes in law made by this Act apply only to |
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| 37 | 37 | | a proceeding affecting a certificate of public convenience and |
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| 38 | 38 | | necessity that commences on or after the effective date of this Act. |
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| 39 | 39 | | A proceeding affecting a certificate of public convenience and |
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| 40 | 40 | | necessity that commenced before the effective date of this Act is |
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| 41 | 41 | | governed by the law in effect on the date the proceeding is |
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| 42 | 42 | | commenced, and that law is continued in effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
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