BILL ANALYSIS

C.S.S.B. 317

By: Hall

Natural Resources

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, if a water supply or a sewer service corporation (WSC) is charging fees inconsistent with their own tariff, it is difficult to ensure timely enforcement that resolves the problems for the consumers. In one instance, a new customer was unlawfully being charged the past due balance of the previous owner of a property as a condition of having the new service started, and all efforts to pursue relief for the customer were thwarted by the provider. Inquiries by legislators and the Public Utility Commission of Texas (PUC) were ignored. Public meetings of the WSC were canceled without notice when attempts were made to bring the issue to the board. Entities entrusted by the state with water and sewage services must be held accountable when they violate that trust. C.S.S.B. 317 seeks to ensure this accountability by authorizing applicants for service to appeal to the PUC relating to certain fees for a determination of whether the fee is consistent with the tariff of the WSC and providing for the PUC to issue an order accordingly.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.S.B. 317 amends the Water Code to authorize an applicant for service from a water supply or sewer service corporation to appeal to the Public Utility Commission of Texas (PUC) for a determination of whether the regular membership fee or tap fee required to be paid to obtain service is consistent with the tariff of the corporation. The bill requires the PUC, if it finds that the fee is inconsistent with the tariff of the corporation, to issue an order requiring the corporation to charge the applicant an amount consistent with the tariff. The bill requires such an appeal to be initiated not later than the 30th day after the date the corporation provides the applicant with the cost of obtaining service.

C.S.S.B. 317 specifies that the authorization for an applicant for service from an affected county or a water supply or sewer service corporation to appeal to the PUC a decision of the county or corporation affecting the amount to be paid to obtain service, other than the regular membership or tap fees, applies with respect to such a decision relating to any fee or amount to be paid to obtain service other than those excluded fees and also specifies a groundwater conservation district or other governmental fee as excluded fees.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

C.S.S.B. 317 differs from the engrossed only by including a Texas Legislative Council draft number in the footer.