H.B. 3034 78(R)    BILL ANALYSIS


H.B. 3034
By: Ellis
Natural Resources
Committee Report (Unamended)



BACKGROUND 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 apply, 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.  This bill clarifies that the legislative intent was
for the legislation to apply to all private water companies with a rate
proceeding in the which the TCEQ had not issued a final order. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 3034 strikes language from Section 10.08(a), Chapter 966, Acts of the
77th Legislature, Regular Session, 2001, to provide that the legislation
applies to any proceeding in which the TCEQ (formerly the Texas Natural
Resource Conservation Commission)  has not issued a final order before the
effective date of the article.  The legislation further states that this
change 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. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.