Amend CSSB 1064 as follows:
(1) In the recital to SECTION 2 of the bill (committee
printing page 1, line 19), strike "and (l) and adding Subsection
(e-1)" and substitute "(l), (m), and (n) and adding Subsections
(e-1), (n-1), and (n-2)".
(2) In SECTION 2 of the bill, in amended Subsection (a),
Section 13.187, Water Code (committee printing page 1, lines
31-39), strike Subdivisions (2) and (3) and substitute the
following:
(2) a billing comparison regarding the existing water
rate and the new water rate computed for the use of:
(A) 3,000 gallons of water;
(B) 5,000 gallons of water;
(C) 10,000 gallons of water; and
(D) [(B)] 30,000 gallons of water; and
(3) a billing comparison regarding the existing sewer
rate and the new sewer rate computed for the use of 5,000 gallons
and 10,000 gallons, unless the utility proposes a flat rate for
sewer services; and
(4) the proposed effective date and the deadline by
which customers must file any protests of the proposed rates,
provided that the protest period concludes 90 days after the
statement of intent is provided to the ratepayers.
(3) In SECTION 2 of the bill, in the second sentence of
amended Subsection (e), Section 13.187, Water Code (committee
printing page 1, line 61), after "provided" add the following:
". The regulatory authority must provide notice to the utility and
any affected municipality that a hearing is being set on the
proposed rate increase"
(4) In SECTION 2 of the bill, in amended Subsection (l),
Section 13.187, Water Code (committee printing page 2, line 42),
after the period, add the following:
The interim rates shall be based on the information contained in the
rate change application and may not be lower than the rates on the
utility's approved tariff immediately before filing the notice of
intent to change the rates. If the regulatory authority is the
commission, the executive director shall set the interim rates.
(5) In SECTION 2 of the bill, after amended Subsection (l),
Section 13.187, Water Code (committee printing page 2, between
lines 42 and 43), add the following:
(m) If the regulatory authority sets a final rate that is
lower than the interim rate, the utility shall refund or credit the
difference between the interim rate and the final rate plus
interest as determined by the regulatory authority unless otherwise
agreed to by the parties to the rate proceeding. If the regulatory
authority sets a final rate that is higher than the interim rate,
the utility shall be allowed to collect the difference between the
interim rate and final rate unless otherwise agreed to by the
parties to the rate proceeding.
(n) The [For good cause shown, the] regulatory authority
must make a final determination on the rates not later than:
(1) if the determination is made by a local regulatory
authority, 150 days after the date the interim rates are
established; or
(2) if the determination is made by the commission,
305 days after the effective date the interim rates are established
[may at any time during the proceeding require the utility to refund
money collected under a proposed rate before the rate was suspended
or an interim rate was established to the extent the proposed rate
exceeds the existing rate or the interim rate].
(n-1) If the regulatory authority does not make the
determination within the deadline provided by Subsection (n), the
proposed rates are automatically approved.
(n-2) Notwithstanding Subsection (n-1), the deadline for
making a determination under Subsection (n) may be extended by the
agreement of all parties to the rate proceeding, in which case the
commission shall make the determination. A hearing shall be
conducted in a timely manner to allow the commission to make its
final determination on the proposed rates.
(5) Renumber the subsequent SECTIONs of the bill
accordingly.