Bill Text: TX HB3079 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to procedural requirements for the review of a contractual rate charged for the furnishing of raw or treated water or water or sewer service.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-14 - Committee report sent to Calendars [HB3079 Detail]
Download: Texas-2021-HB3079-Comm_Sub.html
| 87R17854 JXC-F | |||
| By: Larson | H.B. No. 3079 | ||
| Substitute the following for H.B. No. 3079: | |||
| By: Larson | C.S.H.B. No. 3079 | ||
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| relating to procedural requirements for the review of a contractual | ||
| rate charged for the furnishing of raw or treated water or water or | ||
| sewer service. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.013, Water Code, is amended by adding | ||
| Subsections (g), (h), (i), (j), (k), and (l) to read as follows: | ||
| (g) In a proceeding under this section or Chapter 11 to | ||
| review a rate charged under a written contract, the utility | ||
| commission may not hold a hearing on or otherwise prescribe just and | ||
| reasonable amounts to be charged under the contract unless the | ||
| utility commission determines that the amount charged under the | ||
| contract harms the public interest. A determination under this | ||
| subsection becomes final for purposes of appeal in the manner | ||
| provided by Section 2001.144, Government Code. | ||
| (h) A party adversely affected by a determination under | ||
| Subsection (g) may seek judicial review of the determination. | ||
| Judicial review of a determination under Subsection (g) shall be by | ||
| trial de novo. | ||
| (i) The utility commission shall abate proceedings on the | ||
| contract in the event of an appeal under Subsection (h) until the | ||
| entry of a final judicial determination that a rate charged under | ||
| the contract harms the public interest. | ||
| (j) Chapter 2001, Government Code, applies to an appeal | ||
| under Subsection (h). | ||
| (k) The utility commission shall, before holding a hearing | ||
| on or otherwise prescribing a just and reasonable rate to be charged | ||
| under the contract, allow the contracting parties to amend the | ||
| amount charged under the contract until at least 60 days after the | ||
| date: | ||
| (1) of a final judicial determination in an appeal | ||
| under Subsection (h) that a rate charged under the contract harms | ||
| the public interest; or | ||
| (2) the determination made under Subsection (g) became | ||
| final if a motion for rehearing was not filed on time. | ||
| (l) If the parties amend their contract under Subsection | ||
| (k), none of the parties may challenge before the utility | ||
| commission the rate paid under the amended contract before: | ||
| (1) the fifth anniversary of the date of the contract | ||
| amendment; or | ||
| (2) a date agreed to by the parties that is after the | ||
| fifth anniversary of the date of the contract amendment. | ||
| SECTION 2. Subchapter C, Chapter 13, Water Code, is amended | ||
| by adding Section 13.0431 to read as follows: | ||
| Sec. 13.0431. APPEALS BY RETAIL PUBLIC UTILITIES. (a) In | ||
| an appeal under Section 13.043(f) on the amount paid for water or | ||
| sewer service under a written contract, the utility commission may | ||
| not hold a hearing on or otherwise prescribe just and reasonable | ||
| amounts to be charged under the contract unless the utility | ||
| commission determines that the amount charged under the contract | ||
| harms the public interest. A determination under this subsection | ||
| becomes final for purposes of appeal in the manner provided by | ||
| Section 2001.144, Government Code. | ||
| (b) A party adversely affected by a determination under | ||
| Subsection (a) may seek judicial review of the determination. | ||
| Judicial review of a determination under Subsection (a) shall be by | ||
| trial de novo. | ||
| (c) The utility commission shall abate proceedings on the | ||
| contract in the event of an appeal under Subsection (b) until the | ||
| entry of a final judicial determination that a rate charged under | ||
| the contract harms the public interest. | ||
| (d) Chapter 2001, Government Code, applies to an appeal | ||
| under Subsection (b). | ||
| (e) The utility commission shall, before holding a hearing | ||
| on or otherwise prescribing a just and reasonable rate to be charged | ||
| under the contract, allow the contracting parties to amend the | ||
| amount charged under the contract until at least 60 days after the | ||
| date: | ||
| (1) of a final judicial determination in an appeal | ||
| under Subsection (b) that a rate charged under the contract harms | ||
| the public interest; or | ||
| (2) the determination made under Subsection (a) became | ||
| final if a motion for rehearing was not filed on time. | ||
| (f) If the parties amend their contract under Subsection | ||
| (e), none of the parties may challenge before the utility | ||
| commission the rate paid under the amended contract before: | ||
| (1) the fifth anniversary of the date of the contract | ||
| amendment; or | ||
| (2) a date agreed to by the parties that is after the | ||
| fifth anniversary of the date of the contract amendment. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a rate proceeding under Chapter 11, 12, or 13, Water Code, that | ||
| begins on or after the effective date of this Act. A rate | ||
| proceeding that begins before the effective date of this Act is | ||
| governed by the law in effect on the date the rate proceeding began, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
