78S10705 JJT-F
By: Hughes H.B. No. 125
A BILL TO BE ENTITLED
AN ACT
relating to the provision of water service, sewer service, and
wastewater treatment service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Water Code, is amended by adding
Subchapter O to read as follows:
SUBCHAPTER O. SPECIAL PROVISIONS REGARDING WATER, SEWER,
OR WASTEWATER TREATMENT SERVICE PROVIDED BY A MUNICIPALITY
Sec. 13.551. DETERMINATION OF COST OF SERVICE FOR CERTAIN
MUNICIPALITIES. (a) This section applies only to a municipality
with a population of less than 10,000 and applies to services
provided under this chapter or under Chapter 11 or 12.
(b) A municipality may determine its cost of service for
providing water service, sewer service, or wastewater treatment
service to another municipality by dividing the total costs for the
appropriate water, sewer, or treatment function, as recorded in the
most recent audited financial statements, by the total volume of
service billed for that function.
Sec. 13.552. BURDEN OF PROOF AND PAYMENT OF EXPENSES IN
PETITION FOR REVIEW OR APPEAL OF RATES FOR SALE OF WATER FOR RESALE.
(a) The commission may not take action on a petition for a review of
rates charged for the sale of water for resale under Chapter 11 or
12 or an appellant under Section 13.043(f) unless the petitioner
demonstrates that the rate charged adversely affects the public
interest.
(b) If the commission does not find that a rate that is the
subject of a petition or appeal described by Subsection (a)
adversely affects the public interest, the commission shall assess
against the petitioners or appellants reasonable expenses incurred
in responding to the petition or appeal by the person charging the
rate reviewed or appealed. This subsection applies only to
petitions or appeals of rates by a petitioner or appellant that has
not had a rate increase by the person charging the rate reviewed or
appealed in at least 10 years.
Sec. 13.553. ORDER COMPELLING PROVISION OF SEWER SERVICE OR
WASTEWATER TREATMENT SERVICE. The commission may not order a
municipality to provide another municipality sewer service or
wastewater treatment service unless the commission finds that an
emergency exists.
SECTION 2. Subchapter O, Chapter 13, Water Code, as added by
this Act, applies to a petition or appeal filed on or after the
effective date of this Act and to a petition or appeal that is
pending on November 1, 2003. As necessary to facilitate the
implementation of that subchapter, the Texas Commission on
Environmental Quality shall suspend any hearing brought under the
Water Code that involves a municipality seeking review of or
appealing a rate for water or sewer service that is pending on
November 1, 2003.
SECTION 3. This Act takes effect November 1, 2003.