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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of water and utility service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.0357 to read as follows: |
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Sec. 341.0357. PUBLIC SAFETY STANDARDS. (a) In this |
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section: |
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(1) "Public utility" has the meaning assigned by |
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Section 13.002, Water Code. |
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(2) "Regulatory authority" has the meaning assigned by |
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Section 13.002, Water Code. |
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(3) "Residential area" means: |
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(A) an area designated as a residential zoning |
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district by a governing ordinance or code or an area in which the |
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principal land use is for private residences; |
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(B) a subdivision for which a plat is recorded in |
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the real property records of the county and that contains or is |
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bounded by public streets or parts of public streets that are |
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abutted by residential property occupying at least 75 percent of |
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the front footage along the block face; or |
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(C) a subdivision a majority of the lots of which |
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are subject to deed restrictions limiting the lots to residential |
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use. |
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(b) The regulatory authority for a public utility shall by |
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rule or ordinance adopt standards for maintaining sufficient water |
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pressure for service to fire hydrants adequate to protect public |
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safety in residential areas in a municipality with a population of |
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655,000 or more. |
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(c) The commission shall assess residential areas in a |
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municipality with a population of 655,000 or more to ensure that: |
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(1) the regulatory authority for the area has adopted |
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the standards required by this section; and |
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(2) all public utilities serving the residential area |
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are complying with the standards required by this section. |
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(d) The commission shall require a municipality with a |
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population of 655,000 or more and acting as a regulatory authority |
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to make appropriate revisions to standards the commission considers |
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to be inadequate within a reasonable time established by the |
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commission. |
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(e) The commission shall require a public utility in |
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violation of a standard required under this section and established |
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by the commission or by a municipality with a population of 655,000 |
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or more and acting as a regulatory authority to comply with the |
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standard within a reasonable time established by the commission. |
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(f) This section does not limit the authority of a |
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municipality with a population of 655,000 or more and acting as a |
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regulatory authority to prohibit a public utility in violation of a |
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standard established by the municipality from recovering through |
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the public utility's rates a penalty or fine incurred for a |
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violation of a standard. |
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SECTION 2. Section 341.040, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 341.040. DEFINITION. In this subchapter, |
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"commission" means the Texas [Natural Resource Conservation] |
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Commission on Environmental Quality. |
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SECTION 3. 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 4. This Act takes effect September 1, 2007. |