By: Creighton (Senate Sponsor - Nichols) H.B. No. 3090
         (In the Senate - Received from the House May 6, 2011;
  May 9, 2011, read first time and referred to Committee on Natural
  Resources; May 20, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 20, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3090 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the frequency of water audits by certain retail public
  utilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.0121, Water Code, is amended by
  amending Subsections (b), (c), and (f) and adding Subsection (b-1)
  to read as follows:
         (b)  Except as provided by Subsection (b-1) [Every five
  years], a retail public utility providing potable water that
  receives from the board financial assistance shall perform and file
  with the board an annual [a] water audit computing the utility's
  [most recent annual] system water loss during the preceding year.
         (b-1)  A retail public utility providing potable water that
  does not receive from the board financial assistance shall perform
  and file with the board every five years a water audit computing the
  utility's most recent annual system water loss.
         (c)  The board shall develop appropriate methodologies and
  submission dates for a water audit required under Subsection (b) or
  (b-1) for the following categories of retail public utilities:
               (1)  retail public utilities serving populations of
  100,000 or more;
               (2)  retail public utilities serving populations of
  50,000 or more but less than 100,000;
               (3)  retail public utilities serving populations of
  more than 10,000 [3,300] but less than 50,000; and
               (4)  retail public utilities serving populations of
  10,000 [3,300] or less.
         (f)  The board shall compile the information included in the
  water audits required by Subsections [Subsection] (b) and (b-1)
  according to category of retail public utility and according to
  regional water planning area. The regional planning group for a
  regional planning area shall use the information to identify
  appropriate water management strategies in the development of a
  regional water plan under Section 16.053.
         SECTION 2.  Not later than May 1, 2013, a retail public
  utility that receives financial assistance from the Texas Water
  Development Board, or a retail public utility that serves a
  population of more than 10,000, shall submit the first annual
  report required by Section 16.0121, Water Code, as amended by this
  Act. The initial water audit report submitted by a retail public
  utility under that section shall compute the utility's most recent
  annual system water loss.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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