Tex. Water Code § 13.3021 · Subchapter H. SALE OF PROPERTY AND MERGERS
SALES, TRANSFERS, AND MERGERS FOR CERTAIN RETAIL PUBLIC UTILITIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The utility commission by rule shall adopt an expedited process to authorize a municipally owned utility, a county, a water supply or sewer service corporation, a public utility agency, or a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, to acquire the stock or ownership interest under Section 13.302, or assets under Section 13.301, of a utility in receivership under Section 13.412, a utility in supervision under Section 13.4131, or a utility in temporary management under Section 13.4132, and, if applicable, its certificated service area, in the manner provided by Sections 13.301 and 13.302.
(b) The municipally owned utility, county, water supply or sewer service corporation, public utility agency, district, or authority must have been appointed as a temporary manager or supervisor for the utility by the utility commission or commission or as a receiver for the utility at the request of the utility commission or commission before filing an acquisition application under this section.
(c) The process must:
(1) be based on the expedited process adopted under Section 13.301(l), except for any aspects of the process that cannot be applied to an entity over which the utility commission does not have original rate jurisdiction;
(2) waive public notice requirements;
(3) require approval of the acquisition transaction if the transaction is considered to be in the public interest; and
(4) provide that the municipally owned utility's, county's, water supply or sewer service corporation's, public utility agency's, district's, or authority's appointment is considered sufficient to demonstrate adequate financial, managerial, and technical capability for providing continuous and adequate service to the service area to be acquired and any areas currently certificated to the municipally owned utility, county, corporation, public utility agency, district, or authority.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 776 (S.B. 740), Sec. 6, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/WA/htm/WA.13.htm
- Text hash
- sha256 3b0233aa272696a272ec74edea7d21c43979df9d52c29ceb68de1a74ab9c1225
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Water Code
- Tex. Water Code § 13.301REPORT OF SALE, MERGER, ETC.; INVESTIGATION; DISALLOWANCE OF TRANSACTION.Printed as Section 13.301 | Section 13.301(l) | Sections 13.301 and 13.302
- Tex. Water Code § 13.302PURCHASE OF VOTING STOCK IN ANOTHER PUBLIC UTILITY: REPORT.Printed as Section 13.302 | Sections 13.301 and 13.302
- Tex. Water Code § 13.412RECEIVERSHIP.Printed as Section 13.412
- Tex. Water Code § 13.4131SUPERVISION OF CERTAIN UTILITIES.Printed as Section 13.4131
- Tex. Water Code § 13.4132OPERATION OF UTILITY THAT DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER.Printed as Section 13.4132
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.