80R14616 DRH-F
 
  By: McClendon H.B. No. 3862
 
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a water service provider in an area served
by sewer service of certain political subdivisions.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter Z, Chapter 402, Local Government
Code, is amended by adding Section 402.911 to read as follows:
       Sec. 402.911.  DUTIES OF WATER SERVICE PROVIDER TO AN AREA
SERVED BY SEWER SERVICE OF CERTAIN POLITICAL SUBDIVISIONS. (a)
This section applies only to an area:
             (1)  that is located in a county that has a population
of more than one million and in which more than 80 percent of the
population resides in a single municipality; and
             (2)  in which:
                   (A)  sewer service is provided by a municipality
or conservation and reclamation district that also provides water
service to other areas; and
                   (B)  an entity other than the municipality or
district described by Paragraph (A) provides water service to the
area.
       (b)  A municipality or conservation and reclamation district
may provide written notice to a person to whom the municipality's or
district's sewer service system provides service if the person has
failed to pay for the service for more than 90 days. The notice must
state the past due amount owed and the deadline by which the past
due amount must be paid or the person will lose water service. The
notice may be sent by mail or hand-delivered to the location at
which the sewer service is provided.
       (c)  The municipality or district may notify the water
service provider of a person who fails to make timely payment after
the person receives notice under Subsection (b). The notice must
indicate the number of days the person has failed to pay for sewer
service and the total amount past due. On receipt of the notice,
the water service provider shall discontinue water service to the
person.
       (d)  For each person the water service provider serves in an
area to which this section applies, the water service provider
shall provide the municipality or district with any relevant
customer information so that the municipality or district may bill
users of the sewer service directly and verify the water
consumption of users. Relevant customer information provided under
this section includes the name, address, and telephone number of
the customer of the water service provider, the monthly meter
readings of the customer, monthly consumption information,
including any billing adjustments, and certain meter information,
such as brand, model, age, and location.
       (e)  The municipality or district shall reimburse the water
service provider for its reasonable and actual incremental costs
for providing services to the municipality or district under this
section. Incremental costs are limited to only those costs that are
in addition to the water service provider's costs in providing its
services to its customers, and those costs must be consistent with
the costs incurred by other water utility providers.  The water
service provider must provide the municipality or district with
documentation certified by a certified public accountant of the
reasonable and actual incremental costs for providing services to
the municipality or district under this section.
       SECTION 2.  This Act takes effect September 1, 2007.