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AN ACT
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relating to rates charged for water or sewer services by an entity |
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that takes over a nonfunctioning water or sewer system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 13, Water Code, is amended |
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by adding Section 13.046 to read as follows: |
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Sec. 13.046. TEMPORARY RATES FOR SERVICES PROVIDED FOR |
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NONFUNCTIONING SYSTEM; SANCTIONS FOR NONCOMPLIANCE. (a) The |
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commission by rule shall establish a procedure that allows a retail |
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public utility that takes over the provision of services for a |
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nonfunctioning retail water or sewer utility service provider to |
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charge a reasonable rate for the services provided to the customers |
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of the nonfunctioning system and to bill the customers for the |
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services at that rate immediately to recover service costs. |
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(b) The rules must provide a streamlined process that the |
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retail public utility that takes over the nonfunctioning system may |
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use to apply to the commission for a ruling on the reasonableness of |
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the rates the utility is charging under Subsection (a). The process |
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must allow for adequate consideration of costs for interconnection |
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or other costs incurred in making services available and of the |
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costs that may necessarily be incurred to bring the nonfunctioning |
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system into compliance with commission rules. |
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(c) The commission shall provide a reasonable period for the |
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retail public utility that takes over the nonfunctioning system to |
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bring the nonfunctioning system into compliance with commission |
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rules during which the commission may not impose a penalty for any |
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deficiency in the system that is present at the time the utility |
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takes over the nonfunctioning system. The commission must consult |
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with the utility before determining the period and may grant an |
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extension of the period for good cause. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 149 was passed by the House on May 2, |
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2007, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 149 was passed by the Senate on May |
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22, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |