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