By: Hall  S.B. No. 317
         (In the Senate - Filed December 19, 2022; February 15, 2023,
  read first time and referred to Committee on Water, Agriculture &
  Rural Affairs; April 18, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  April 18, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 317 By:  Hancock
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to appellate jurisdiction of the Public Utility Commission
  regarding certain water or sewer service fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 13.043, Water Code, is amended by
  amending Subsection (g) and adding Subsection (g-1) to read as
  follows:
         (g)  An applicant for service from an affected county or a
  water supply or sewer service corporation may appeal to the utility
  commission a decision of the county or water supply or sewer service
  corporation relating to any fee or [affecting the] amount to be paid
  to obtain service, other than the regular membership or tap fees or
  a groundwater conservation district or other governmental fee. In
  addition to the factors specified under Subsection (j), in an
  appeal brought under this subsection the utility commission shall
  determine whether the amount paid by the applicant is consistent
  with the tariff of the water supply or sewer service corporation and
  is reasonably related to the cost of installing on-site and
  off-site facilities to provide service to that applicant. If the
  utility commission finds the amount charged to be clearly
  unreasonable, it shall establish the fee to be paid for that
  applicant. An appeal under this subsection must be initiated
  within 90 days after the date written notice is provided to the
  applicant or member of the decision of an affected county or water
  supply or sewer service corporation relating to the applicant's
  initial request for that service. A determination made by the
  utility commission on an appeal under this subsection is binding on
  all similarly situated applicants for service, and the utility
  commission may not consider other appeals on the same issue until
  the applicable provisions of the tariff of the water supply or sewer
  service corporation are amended.
         (g-1)  An applicant for service from a water supply or sewer
  service corporation may appeal to the utility commission 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 water supply or sewer service corporation. If the utility
  commission finds that the fee is inconsistent with the tariff of the
  water supply or sewer service corporation, the utility commission
  shall issue an order requiring the water supply or sewer service
  corporation to charge the applicant an amount consistent with the
  tariff. An appeal under this subsection must be initiated not later
  than the 30th day after the date the water supply or sewer service
  corporation provides the applicant with the cost of obtaining
  service.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
 
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