78R12672 MTB-F


By:  Puente                                                       H.B. No. 3338

Substitute the following for H.B. No. 3338:                                   

By:  Hamilton                                                 C.S.H.B. No. 3338



A BILL TO BE ENTITLED

AN ACT

relating to the performance of a water audit by a retail public 
utility providing potable water.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 16, Water Code, is amended 
by adding Section 16.0121 to read as follows:
	Sec. 16.0121.  WATER AUDITS.  (a)  In this section, "retail 
public utility" has the meaning assigned by Section 13.002.
	(b)  Every five years, a retail public utility providing 
potable water shall perform and file with the board a water audit 
computing the utility's most recent annual system water loss.
	(c)  The board shall develop appropriate methodologies and 
submission dates for a water audit required under Subsection (b) 
for the following categories of retail public utilities:
		(1)  retail public utilities serving populations of 
100,000 or more; 
		(2)  retail public utilities serving populations of 
50,000 or more but less than 100,000;
		(3)  retail public utilities serving populations of 
more than 3,300 but less than 50,000; and
		(4)  retail public utilities serving populations of 
3,300 or less.   
	(d)  In developing the methodologies required by Subsection 
(c), the board shall ensure that each methodology:
		(1)  is financially feasible for the category of retail 
public utility for which it is developed; and
		(2)  considers differences in population density, 
source of water supply, the mean income of the service population, 
and other factors determined by the board.
	(e)  The methodologies required by Subsection (c) shall 
account for various components of system water loss, including loss 
from distribution lines, inaccuracies in meters or accounting 
practices, and theft.
	(f)  The board shall compile the information included in the 
water audits required by Subsection (b) according to category of 
retail public utility and according to regional water planning 
area.  The regional planning group for a regional planning area 
shall use the information to identify appropriate water management 
strategies in the development of a regional water plan under 
Section 16.053.
	SECTION 2.  Section 16.053(j), Water Code, is amended to 
read as follows:    
	(j)  The board may provide financial assistance to political 
subdivisions under Subchapters E and F of this chapter, Subchapters 
C, D, E, F, J, O, and P, Chapter 15, and Subchapters D, I, K, and L, 
Chapter 17, for water supply projects only if:
		(1)  the board determines that the needs to be 
addressed by the project will be addressed in a manner that is 
consistent with the state water plan; [and]
		(2)  beginning January 5, 2002, the board:                                    
			(A)  has approved a regional water plan as 
provided by Subsection (i), and any required updates of the plan, 
for the region of the state that includes the area benefiting from 
the proposed project; and
			(B)  determines that the needs to be addressed by 
the project will be addressed in a manner that is consistent with 
that regional water plan; and
		(3)  the board finds that the water audit required 
under Section 16.0121 has been completed and filed.
	SECTION 3.  This Act takes effect September 1, 2003.