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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain special districts to establish |
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differences in rates between customer classes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 49, Water Code, is amended |
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by adding Section 49.2122 to read as follows: |
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Sec. 49.2122. ESTABLISHMENT OF CUSTOMER CLASSES. (a) |
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Notwithstanding any other law, a district may establish different |
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charges, fees, rentals, or deposits among classes of customers that |
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are based on any factor the district considers appropriate, |
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including: |
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(1) the similarity of the type of customer to other |
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customers in the class, including: |
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(A) residential; |
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(B) commercial; |
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(C) industrial; |
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(D) apartment; |
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(E) rental housing; |
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(F) irrigation; |
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(G) homeowner associations; |
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(H) builder; |
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(I) out-of-district; |
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(J) nonprofit organization; and |
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(K) any other type of customer as determined by |
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the district; |
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(2) the type of services provided to the customer |
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class; |
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(3) the cost of facilities, operations, and |
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administrative services to provide service to a particular class of |
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customer, including additional costs to the district for security, |
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recreational facilities, or fire protection paid from other |
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revenues; and |
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(4) the total revenues, including ad valorem tax |
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revenues and connection fees, received by the district from a class |
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of customers relative to the cost of service to the class of |
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customers. |
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(b) A district is presumed to have weighed and considered |
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appropriate factors and to have properly established charges, fees, |
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rentals, and deposits absent a showing that the district acted |
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arbitrarily and capriciously. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |