80R9065 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 a municipal sewer service.
       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 MUNICIPAL SEWER SERVICE. (a) This section applies to an
area only if:
             (1)  a municipality provides sewer service to the area;
             (2)  an entity other than the municipality provides
water service to the area; and
             (3)  the municipality provides water service to other
areas.
       (b)  A municipality may provide written notice to a person to
whom the municipality'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 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 services 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 with any relevant customer
information so that the municipality 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 shall reimburse the water service
provider for its reasonable and actual incremental costs for
providing services to the municipality 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 with documentation
certified by a certified public accountant of the reasonable and
actual incremental costs for providing services to the municipality
under this section.
       SECTION 2.  This Act takes effect September 1, 2007.