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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a county to intervene in an original rate |
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proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.084, Water Code, is amended to read as |
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follows: |
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Sec. 13.084. AUTHORITY OF GOVERNING BODY; COST |
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REIMBURSEMENT. The governing body of any municipality, [or] the |
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commissioners court of an affected county, or the commissioners |
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court of a county authorized to intervene under Section 13.1871 has |
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[shall have] the right to select and engage rate consultants, |
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accountants, auditors, attorneys, engineers, or any combination of |
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these experts to conduct investigations, present evidence, advise |
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and represent the governing body, and assist with litigation on |
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water and sewer utility ratemaking proceedings. The water and |
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sewer utility engaged in those proceedings shall be required to |
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reimburse the governing body or the commissioners court for the |
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reasonable costs of those services and shall be allowed to recover |
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those expenses through its rates with interest during the period of |
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recovery. |
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SECTION 2. Section 13.187(e), Water Code, is amended to |
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read as follows: |
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(e) If, before the 91st day after the effective date of the |
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rate change, the regulatory authority receives a complaint from a |
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county authorized to intervene under Section 13.1871, any affected |
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municipality, or from the lesser of 1,000 or 10 percent of the |
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ratepayers of the utility over whose rates the regulatory authority |
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has original jurisdiction, the regulatory authority shall set the |
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matter for hearing. |
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SECTION 3. Subchapter F, Chapter 13, Water Code, is amended |
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by adding Section 13.1871 to read as follows: |
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Sec. 13.1871. RIGHT OF COUNTY TO INTERVENE. A county may |
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intervene as a party in a rate proceeding under this subchapter if |
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the utility in the proceeding: |
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(1) seeks to increase the rates of ratepayers who |
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reside in the county by more than 25 percent; or |
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(2) serves more than 3,000 ratepayers who reside in |
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the county. |
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SECTION 4. The change in law made by this Act applies only |
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to an original rate proceeding in which the initial hearing is held |
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on or after September 1, 2013. A proceeding in which the initial |
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hearing is held before September 1, 2013, is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |