2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter G. Certificates of Convenience and Necessity › Section 13.2541. Streamlined Expedited Release Initiated by Landowner

Sec. 13.2541.  STREAMLINED EXPEDITED RELEASE INITIATED BY LANDOWNER.  (a)  Sections 13.254(a-7), (c), (d), and (h) apply to a proceeding under this section.
(b)  As an alternative to decertification or expedited release under Section 13.254, the owner of a tract of land that is at least 25 acres and that is not receiving water or sewer service may petition for expedited release of the area from a certificate of public convenience and necessity in the manner provided by this section and is entitled to that release if the landowner's property is located in a county with a population of at least 1.2 million, a county adjacent to a county with a population of at least 1.2 million, or a county with a population of more than 200,000 and less than 233,500 that does not contain a public or private university that had a total enrollment in the most recent fall semester of 40,000 or more, and not in a county that has a population of more than 50,500 and less than 52,000.
(b-1)  On the day a petitioner submits a petition to the utility commission under this section, the petitioner shall send, via certified mail, a copy of the petition to the certificate holder, who may submit information to the utility commission to controvert information submitted by the petitioner.
(c)  The utility commission shall grant the petition not later than the 60th day after the date the landowner files the petition.
(d)  The utility commission may not deny the petition based on the fact that the certificate holder is a borrower under a federal loan program.
(e)  The certificate holder may not initiate an application to borrow money under a federal loan program after the date the petition is filed until the utility commission issues a decision on the petition.
(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.
(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 binding on the utility commission.  The costs of the independent appraiser shall be borne by the petitioner.
(h)  Section 13.254(g) applies to a determination of the monetary amount of compensation under this section.
(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.
(j)  The utility commission shall ensure that:
(1)  the monetary amount of compensation is determined not later than the 60th day after the date the utility commission receives the final appraisal; and
(2)  the landowner pays the compensation to the certificate holder not later than the 90th calendar day after the date the monetary amount of compensation is determined.
Added by Acts 2019, 86th Leg., R.S., Ch. 688 (S.B. 2272), Sec. 3, eff. September 1, 2019.
Transferred, redesignated and amended by Acts 2019, 86th Leg., R.S., Ch. 688 (S.B. 2272), Sec. 4, eff. September 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 688 (S.B. 2272), Sec. 5, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 226 (H.B. 837), Sec. 2, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 277, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 718 (H.B. 2442), Sec. 1, eff. September 1, 2023.