74R5622 CBH-F
          By Saunders                                            H.B. No. 877
          Substitute the following for H.B. No. 877:
          By Lewis of Orange                                 C.S.H.B. No. 877
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the enforcement of tariffs of certain water supply or
    1-3  sewer service corporations.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter E, Chapter 13, Water Code, is amended
    1-6  by adding Section 13.1365 to read as follows:
    1-7        Sec. 13.1365.  ENFORCEMENT OF TARIFFS OF CERTAIN WATER SUPPLY
    1-8  OR SEWER SERVICE CORPORATIONS.  (a)  This section applies only to a
    1-9  water supply or sewer service corporation that:
   1-10              (1)  provides service to more than 8,000 connections,
   1-11  each of which has a water metering device;
   1-12              (2)  has a certificate of convenience and necessity
   1-13  from the commission that requires the corporation to serve an area
   1-14  that includes all or part of three or more counties; and
   1-15              (3)  complies with the requirements of Section 13.136.
   1-16        (b)  A water supply or sewer service corporation may strictly
   1-17  enforce the terms and conditions of a tariff and any attachments to
   1-18  the tariff that relate to a request for the provision of water
   1-19  service to property that has been or will be subdivided, regardless
   1-20  of whether the person requesting the service is the person who
   1-21  subdivided the property or that person's successor in interest.
   1-22        (c)  A water supply or sewer service corporation may not
   1-23  enforce a tariff that conflicts with Section 212.012 or 232.0047,
   1-24  Local Government Code, or another state law.
    2-1        (d)  The commission may not take an act or enter an order
    2-2  that is inconsistent with or impairs the ability of the water
    2-3  supply or sewer service corporation to strictly enforce the terms
    2-4  and conditions of a tariff under this section.
    2-5        SECTION 2.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended,
   2-10  and that this Act take effect and be in force from and after its
   2-11  passage, and it is so enacted.