H.B. No. 2301
relating to proceedings involving the change of rates of a water and
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.187, Water Code, is amended by
amending Subsections (c), (d), and (k) and adding Subsection (d-1)
to read as follows:
(c) When the statement of intent is delivered, the utility
shall file with the regulatory authority an application to change
rates. The application must include information the regulatory
authority requires by rule. If the utility fails to provide within
a reasonable time after the application is filed the necessary
documentation or other evidence that supports the costs and
expenses that are shown in the application, the regulatory
authority may disallow the nonsupported costs or expenses.
(d) Except as provided by Subsection (d-1), if [
application or the statement of intent is not substantially
complete or does not comply with the regulatory authority's rules,
it may be rejected and the effective date of the rate change may be
suspended until a properly completed application is accepted by the
regulatory authority and a proper statement of intent is provided.
The commission may also suspend the effective date of any rate
change if the utility does not have a certificate of public
convenience and necessity or a completed application for a
certificate or to transfer a certificate pending before the
commission or if the utility is delinquent in paying the assessment
and any applicable penalties or interest required by Section
5.701(n) of this code.
(d-1) After written notice to the utility, a local
regulatory authority may suspend the effective date of a rate
change for not more than 90 days from the proposed effective date,
except that the suspension shall be extended by two days for each
day a hearing exceeds 15 days. If the local regulatory authority
does not make a final determination on the proposed rate before the
expiration of the applicable suspension period, the proposed rate
shall be considered approved. The approval is subject to the local
regulatory authority's continuation of a hearing in progress.
(k) If the regulatory authority receives at least the number
of complaints from ratepayers required for the regulatory authority
to set a hearing under Subsection (e), the regulatory authority
may, pending the hearing and a decision, suspend the date the rate
change would otherwise be effective. Except as provided by
Subsection (d-1), the [ The] proposed rate may not be suspended for
(1) 90 days by a local regulatory authority; or
(2) 150 days by the commission.
SECTION 2. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2301 was passed by the House on May 9,
2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 2301 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate