89R2013 ANG-D
 
  By: Goodwin H.B. No. 1424
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the structuring of water rates by retail public
  utilities to promote water conservation; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 552, Local Government
  Code, is amended by adding Section 552.9065 to read as follows:
         Sec. 552.9065.  WATER CONSERVATION RATE AND FEE. The
  governing body of a municipality may by ordinance:
               (1)  structure the municipality's rates for water
  service in a manner that promotes water conservation by all of the
  municipality's water customers so that customers in a class who
  consume greater amounts of water pay a higher rate per unit volume
  than customers in a class who consume lesser amounts of water; and
               (2)  establish an excessive use fee for water customers
  whose water usage is greater than the water usage of a percentage of
  the municipality's other customers.
         SECTION 2.  The heading to Section 13.182, Water Code, is
  amended to read as follows:
         Sec. 13.182.  JUST AND REASONABLE RATES; WATER CONSERVATION
  RATE STRUCTURE AND FEE.
         SECTION 3.  Section 13.182, Water Code, is amended by adding
  Subsection (b-2) to read as follows:
         (b-2)  In establishing a utility's rates, the regulatory
  authority by rule or ordinance may authorize a utility to:
               (1)  structure the utility's rates in a manner that
  promotes water conservation by all of the utility's customer
  classes so that customers in a class who consume greater amounts of
  water pay a higher rate per unit volume than customers in a class
  who consume lesser amounts of water; and
               (2)  establish an excessive use fee for customers whose
  water usage is greater than the water usage of a percentage of the
  utility's other customers.
         SECTION 4.  Chapter 13, Water Code, is amended by adding
  Subchapter O to read as follows:
  SUBCHAPTER O. WATER CONSERVATION RATE AND FEE
         Sec. 13.551.  APPLICABILITY. This subchapter applies to a
  retail public utility that is not subject to Subchapter F or Section
  552.9065, Local Government Code.
         Sec. 13.552.  TIERED CONSERVATION RATE STRUCTURE. A retail
  public utility may establish a water conservation rate that
  promotes water conservation by all of the utility's customer
  classes so that customers in a class who consume greater amounts of
  water pay a higher rate per unit volume than customers in a class
  who consume lesser amounts of water.
         Sec. 13.553.  EXCESSIVE USE FEE. A retail public utility may
  establish an excessive use fee for the utility's customers whose
  water usage is greater than the water usage of a percentage of the
  utility's other customers.
         SECTION 5.  This Act takes effect September 1, 2025.