SRC-TJG, LBB H.B. 3034 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3034
78R7591 JJT-DBy: Ellis, Dan (Armbrister)
Business & Commerce
5/18/2003
Engrossed


DIGEST AND PURPOSE 

The 77th Texas Legislature incorporated language into S.B. 2 which
prohibited the consolidation of more than one private water system under a
single rate unless certain conditions applied, and set forth provisions
regarding factors and costs to be considered in setting rates and the
proceedings related to complaints of utility rate changes.  In
implementing the legislation, the Texas Commission on Environmental
Quality (TCEQ) requested clarification regarding the applicability clause
of the legislation.  H.B.  3034 clarifies that the legislative intent was
for the legislation to apply to all private water companies with a rate
proceeding in which TCEQ had not issued a final order. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a)  Amends Section 10.08(a), Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001,  as follows: 

(a)  Provides that the changes in law made by this article to Chapter 13,
Water Code, apply to a proceeding in which the Texas Natural Resource
Conservation Commission [renamed the Texas Commission on Environmental
Quality] has not issued a final order before the effective date of this
article.  Deletes text relating to the application of this Act to a retail
public utility.  Deletes text requiring this subsection to not be
construed to permit a public utility to increase rates without obtaining
the approval of the Texas Natural Resource Conservation Commission. 

(b)  Provides that the change in law made by this Act is a clarification
of existing law and does not imply that existing law may be construed as
being inconsistent with the law as amended by this Act. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.