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Texas Water Code

§ 13.305 — VOLUNTARY VALUATION OF ACQUIRED UTILITY OR FACILITIES

WA § 13.305Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 13. WATER RATES AND SERVICES · Art. H. SALE OF PROPERTY AND MERGERS

Statute text

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(a)In this section:
(1)"Acquiring utility" means a Class A or Class B utility that is acquiring a selling utility, or facilities of a selling utility, as the result of a voluntary arm's-length transaction.
(2)"Ratemaking rate base" means the dollar value of a selling utility that is incorporated into the rate base of the acquiring utility for postacquisition ratemaking purposes.
(3)"Selling utility" means a retail public utility that is being purchased by an acquiring utility, or is selling facilities to an acquiring utility, as the result of a voluntary arm's-length transaction.
(b)The utility commission shall maintain a list of experts qualified to conduct economic valuations of utilities for the purposes of this section.
(c)An acquiring utility and a selling utility may agree to determine by the following process the fair market value of the selling utility or the facilities to be sold, as applicable:

Legislative history

Added by Acts 2019, 86th Leg., R.S., Ch. 545 (H.B. 3542), Sec. 2, eff. September 1, 2019.