Tex.
Health & Safety Code Section 314A.202
Action to Revoke Certificate of Public Advantage Following Changed Circumstances
(a)
If, following an annual review of a certificate of public advantage, the attorney general determines that as a result of changed circumstances the benefits resulting from a certified merger agreement as described by Section 314A.056 (Issuance of Certificate of Public Advantage)(a)(1)(A) no longer outweigh any disadvantages attributable to a reduction in competition resulting from the merger agreement, the attorney general may bring an action in a district court in Travis County seeking to revoke the certificate of public advantage in accordance with the procedures prescribed by this section.(b)
Except as provided by Subsection (c), in an action brought under this section, the attorney general has the burden of establishing by clear and convincing evidence that as a result of changed circumstances the benefits resulting from the certified merger agreement and the unavoidable costs of revoking the certificate of public advantage are outweighed by disadvantages attributable to a reduction in competition resulting from the merger agreement.(c)
In any action brought under this section, if the attorney general first establishes by clear and convincing evidence that the designated agency’s certification was obtained as a result of material misrepresentation to the designated agency or the attorney general or as the result of coercion, threats, or intimidation directed toward any party to the merger agreement, then the parties to the merger agreement bear the burden of establishing by clear and convincing evidence that despite changed circumstances the benefits resulting from the certified merger agreement and the unavoidable costs of revoking the certificate of public advantage are not outweighed by disadvantages attributable to a reduction in competition resulting from the merger agreement.
Source:
Section 314A.202 — Action to Revoke Certificate of Public Advantage Following Changed Circumstances, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.314A.htm#314A.202 (accessed Jun. 5, 2024).
