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A BILL TO BE ENTITLED
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AN ACT
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relating to appellate jurisdiction of the Public Utility Commission |
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regarding certain water or sewer utility fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.043, Water Code, is amended by |
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amending Subsection (g) and adding Subsection (g-1) to read as |
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follows: |
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(g) An applicant for service from an affected county or a |
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water supply or sewer service corporation may appeal to the utility |
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commission a decision of the county or water supply or sewer service |
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corporation relating to any fee or [affecting the] amount to be paid |
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to obtain service other than the regular membership or tap fees. In |
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addition to the factors specified under Subsection (j), in an |
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appeal brought under this subsection the utility commission shall |
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determine whether the amount paid by the applicant is consistent |
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with the tariff of the water supply or sewer service corporation and |
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is reasonably related to the cost of installing on-site and |
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off-site facilities to provide service to that applicant. If the |
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utility commission finds the amount charged to be clearly |
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unreasonable, it shall establish the fee to be paid for that |
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applicant. An appeal under this subsection must be initiated |
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within 90 days after the date written notice is provided to the |
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applicant or member of the decision of an affected county or water |
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supply or sewer service corporation relating to the applicant's |
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initial request for that service. A determination made by the |
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utility commission on an appeal under this subsection is binding on |
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all similarly situated applicants for service, and the utility |
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commission may not consider other appeals on the same issue until |
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the applicable provisions of the tariff of the water supply or sewer |
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service corporation are amended. |
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(g-1) An applicant for service from a water supply or sewer |
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service corporation may appeal to the utility commission for a |
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determination of whether the regular membership fee or tap fee |
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required to be paid to obtain service is consistent with the tariff |
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of the water supply or sewer service corporation. If the utility |
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commission finds that the fee is inconsistent with the tariff of the |
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water supply or sewer service corporation, the utility commission |
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shall issue an order requiring the water supply or sewer service |
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corporation to charge the applicant an amount consistent with the |
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tariff. An appeal under this subsection must be initiated not later |
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than the 30th day after the date the water supply or sewer service |
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corporation provides the applicant with the cost of obtaining |
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service. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |