Bill Text: TX HB10 | 2013 | 83rd Legislature 3rd Special Session | Introduced


Bill Title: Relating to the right of a county to intervene in an original rate proceeding.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-08-01 - Filed [HB10 Detail]

Download: Texas-2013-HB10-Introduced.html
  83S30058 JXC-F
 
  By: Gooden H.B. No. 10
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of a county to intervene in an original rate
  proceeding.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 13.084, Water Code, is amended to read as
  follows:
         Sec. 13.084.  AUTHORITY OF GOVERNING BODY; COST
  REIMBURSEMENT. The governing body of any municipality, [or] the
  commissioners court of an affected county, or the commissioners
  court of a county authorized to intervene under Section 13.1873 has 
  [shall have] the right to select and engage rate consultants,
  accountants, auditors, attorneys, engineers, or any combination of
  these experts to conduct investigations, present evidence, advise
  and represent the governing body, and assist with litigation on
  water and sewer utility ratemaking proceedings. The water and
  sewer utility engaged in those proceedings shall be required to
  reimburse the governing body or the commissioners court for the
  reasonable costs of those services and shall be allowed to recover
  those expenses through its rates with interest during the period of
  recovery.
         SECTION 2.  Section 13.1871(i), Water Code, as effective
  September 1, 2013, is amended to read as follows:
         (i)  If, before the 91st day after the effective date of the
  rate change, the regulatory authority receives a complaint from a
  county authorized to intervene under Section 13.1873, from any
  affected municipality, or from the lesser of 1,000 or 10 percent of
  the ratepayers of the utility over whose rates the regulatory
  authority has original jurisdiction, the regulatory authority
  shall set the matter for hearing.
         SECTION 3.  Subchapter F, Chapter 13, Water Code, is amended
  by adding Section 13.1873 to read as follows:
         Sec. 13.1873.  RIGHT OF COUNTY TO INTERVENE. A county may
  intervene as a party in a rate proceeding under Section 13.1871 if
  the utility in the proceeding:
               (1)  seeks to increase the rates of ratepayers who
  reside in the county by more than 25 percent; or
               (2)  serves more than 3,000 ratepayers who reside in
  the county.
         SECTION 4.  The change in law made by this Act applies only
  to an original rate proceeding in which the initial hearing is held
  on or after the effective date of this Act. A proceeding in which
  the initial hearing is held before that date is governed by the law
  in effect immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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