Bill Text: TX HB856 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the powers and duties of the Texas Commission on Environmental Quality and other entities regarding water and sewer utilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-20 - Left pending in committee [HB856 Detail]
Download: Texas-2011-HB856-Introduced.html
82R1648 RWG-D | ||
By: Dutton | H.B. No. 856 |
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relating to the powers and duties of the Texas Commission on | ||
Environmental Quality and other entities regarding water and sewer | ||
utilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 13.187(a), (b), (d), (e), (f), (k), | ||
(o), and (p), Water Code, are amended to read as follows: | ||
(a) A utility may not make changes in its rates except by | ||
delivering a statement of intent to each ratepayer and [ |
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regulatory authority having original jurisdiction at least 120 [ |
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days before the proposed effective date of the proposed change. The | ||
proposed effective date of the new rates must be the first day of a | ||
billing period, and the new rates may not apply to service received | ||
before the proposed effective date of the new rates. The statement | ||
of intent must include: | ||
(1) the information required by the regulatory | ||
authority's rules; | ||
(2) a billing comparison regarding the existing water | ||
rate and the new water rate computed for the use of: | ||
(A) 10,000 gallons of water; and | ||
(B) 30,000 gallons of water; and | ||
(3) a billing comparison regarding the existing sewer | ||
rate and the new sewer rate computed for the use of 10,000 gallons, | ||
unless the utility proposes a flat rate for sewer services. | ||
(b) A copy of the statement of intent shall be mailed or | ||
delivered to the appropriate offices of each affected municipality, | ||
to the executive director, and to any [ |
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required by the regulatory authority's rules. | ||
(d) If [ |
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application or the statement of intent is not substantially | ||
complete or does not comply with the regulatory authority's rules, | ||
it may be rejected and the proposed effective date of the rate | ||
change may be suspended until a properly completed application is | ||
accepted by the regulatory authority and a proper statement of | ||
intent is provided. The commission may also suspend the proposed | ||
effective date of any rate change if the utility does not have a | ||
certificate of public convenience and necessity or a completed | ||
application for a certificate or to transfer a certificate pending | ||
before the commission or if the utility is delinquent in paying the | ||
assessment and any applicable penalties or interest required by | ||
Section 5.701(n) of this code. | ||
(e) The regulatory authority shall hold a hearing on the | ||
proposed rate increase if [ |
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authority and each ratepayer under Subsection (a) [ |
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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[ |
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(f) The regulatory authority may set the matter for hearing | ||
on its own motion at any time within 120 days after the [ |
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date the statement of intent was provided to the authority and each | ||
ratepayer under Subsection (a) [ |
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half of the ratepayers of the utility receive service in a county | ||
with a population of more than 2.5 million, the hearing must be held | ||
at a location in that county. | ||
(k) If the regulatory authority sets the matter for | ||
[ |
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Subsection (e), the proposed rates are suspended [ |
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regulatory authority issues a final decision on the matter [ |
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[ |
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(o) If the [ |
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on the proposed rate increase under Subsection (e) or (f), [ |
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approved as requested by the utility. | ||
(p) Except to implement a rate adjustment provision | ||
approved by the regulatory authority by rule or ordinance, as | ||
applicable, or to adjust the rates of a newly acquired utility | ||
system, a utility or two or more utilities under common control and | ||
ownership may not file a statement of intent to increase its rates | ||
more than once in a 36-month [ |
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regulatory authority determines that a financial hardship exists. A | ||
utility or two or more utilities under common control and ownership | ||
must file a statement of intent to increase its rates no later than | ||
60 months after the effective date of the utility's last rate | ||
increase unless the utility can show good cause to delay the filing. | ||
If the regulatory authority requires the utility to deliver a | ||
corrected statement of intent, the utility is not considered to be | ||
in violation of the 36-month [ |
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SECTION 2. Sections 13.187(d-1), (i), (j), (l), (m), and | ||
(n), Water Code, are repealed. | ||
SECTION 3. Except as otherwise provided by this Act, this | ||
Act applies only to a statement of intent filed on or after the | ||
effective date of this Act. A rate change to which a statement of | ||
intent filed before the effective date of this Act applies is | ||
governed by the law in effect on the date the statement was filed, | ||
and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |