82R2102 RWG-D
 
  By: Dutton H.B. No. 496
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the frequency with which water or sewer utilities must
  file a statement of intent to increase rates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 13.187(p), Water Code, is amended to
  read as follows:
         (p)  Except to implement a rate adjustment provision
  approved by the regulatory authority by rule or ordinance, as
  applicable, or to adjust the rates of a newly acquired utility
  system, a utility or two or more utilities under common control and
  ownership may not file a statement of intent to increase its rates
  more than once in a 36-month [12-month] period, unless the
  regulatory authority determines that a financial hardship exists. A
  utility or two or more utilities under common control and ownership
  must file a statement of intent to increase its rates no later than
  60 months after the effective date of the utility's last rate
  increase unless the utility can show good cause to delay the filing.
  If the regulatory authority requires the utility to deliver a
  corrected statement of intent, the utility is not considered to be
  in violation of the 36-month [12-month] filing requirement.
         SECTION 2.  Section 13.187(p), Water Code, as amended by
  this Act, applies only to a statement of intent to increase rates
  that is filed on or after the effective date of this Act. A
  statement that is filed before the effective date of this Act is
  subject to the law in effect on the date of filing, and that law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.