BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2892

80R12693 TAD-D                                                                                          By: Guillen (Zaffirini)

                                                                                                                               Natural Resources

                                                                                                                                            5/16/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, sewer service providers providing service independently of other utility services have no means of enforcement to collect fees for past due accounts because the sewer service provider has no means of disconnecting service. 

 

H.B. 2892 establishes criteria by which the customers' water service provider will consolidate billing and collection for both water and sewer services. The water service provider will be able to disconnect the water services of a person whose sewer bill is in arrears. 

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

[While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality (TCEQ), as the successor agency to TNRCC.]

 

SECTION 1.  Amends Subchapter E, Chapter 13, Water Code, by adding Section 13.146, as follows:

 

Sec. 13.146.  CONSOLIDATED BILLING AND COLLECTION CONTRACTS.  (a)  Authorizes a retail public utility providing water service to contract with a retail public utility providing sewer service to bill and collect the sewer service provider's fees and payments as part of a consolidated process with the billing and collection of the water service provider's fees and payments.  Authorizes the water service provider to provide that service only for customers who are served by both providers in an area covered by both providers' certificates of public convenience and necessity.  Authorizes the sewer service provider to petition the Texas Natural Resources Conservation Commission to issue an order requiring the water service provider to provide that service if the water service provider refuses to enter into a contract under this section or if the water service provider and sewer service provider cannot agree on the terms of a contract.

 

(b)  Requires a contract or order under this section to provide procedures and deadlines for submitting billing and customer information to the water service provider and for the delivery of collected fees and payments to the sewer service provider.

 

(c)  Authorizes a contract or order under this section to require or permit a water service provider that provides consolidated billing and collection of fees and payments to terminate the water services of a person whose sewage services account is in arrears for nonpayment, and charge a customer a reconnection fee if the customer's water service is terminated for nonpayment of the customer's sewage services account.

 

(d)  Authorizes a water service provider that provides consolidated billing and collection of fees and payments to impose on each sewer service provider customer a reasonable fee to recover costs associated with providing consolidated billing and collection of fees and payments for sewage services.

 

SECTION 2.  Effective date: September 1, 2007.