By Saunders H.B. No. 877 74R2527 CBH-F 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: 1-14 (A) requires the corporation to serve an area 1-15 that includes all or part of three or more counties; 1-16 (B) describes the corporation's service area on 1-17 an "area-wide" basis and not on the basis of an existing 1-18 distribution system or a specific distance from an existing 1-19 distribution system; and 1-20 (3) complies with the requirements of Section 13.136. 1-21 (b) A water supply or sewer service corporation may strictly 1-22 enforce the terms and conditions of a tariff and any attachments to 1-23 the tariff that relate to a request for the provision of water 1-24 service to property that has been or will be subdivided, regardless 2-1 of whether the person requesting the service is the person who 2-2 subdivided the property or that person's successor in interest. 2-3 (c) A water supply or sewer service corporation may not 2-4 enforce a tariff that conflicts with Section 212.012 or 232.0047, 2-5 Local Government Code, or another state law. 2-6 (d) The commission may not take an act or enter an order 2-7 that is inconsistent with or impairs the ability of the water 2-8 supply or sewer service corporation to strictly enforce the terms 2-9 and conditions of a tariff under this section. 2-10 SECTION 2. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended, 2-15 and that this Act take effect and be in force from and after its 2-16 passage, and it is so enacted.