(a) Notwithstanding any other provision of this title, the commission shall allow a municipally owned utility to amend the service area boundaries of its certificate if:
- (1) the municipally owned utility was the holder of a certificate as of January 1, 1999;
- (2) the municipally owned utility has an agreement existing before January 1, 1999, with a public utility serving the area that the public utility will not contest an application to amend the certificate to add municipal territory; and
- (3) the area for which a certificate is requested is not certificated to a retail electric utility that is not a party to the agreement and that has not consented in writing to certification of the area to the municipality.
- (b) The commission may not amend the certificate of the public utility serving the affected area based on the granting of a certificate to the municipally owned utility.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 32, eff. Sept. 1, 1999.