reglab/housing_qa huggingface dataset:
TX Water Code § 13.017 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter B. Administrative Provisions|Section 13.017. Office of Public Utility Counsel; Powers and Duties

Sec. 13.017.  OFFICE OF PUBLIC UTILITY COUNSEL; POWERS AND DUTIES.  (a)  In this section, "counsellor" and "office" have the meanings assigned by Section 11.003, Utilities Code.(b)  The independent Office of Public Utility Counsel represents the interests of residential and small commercial consumers under this chapter.  The office:(1)  shall assess the effect of utility rate changes and other regulatory actions on residential consumers in this state;(2)  shall advocate in the office's own name a position determined by the counsellor to be most advantageous to a substantial number of residential consumers;(3)  may appear or intervene, as a party or otherwise, as a matter of right on behalf of:(A)  residential consumers, as a class, in any proceeding before the utility commission, including an alternative dispute resolution proceeding; and(B)  small commercial consumers, as a class, in any proceeding in which the counsellor determines that small commercial consumers are in need of representation, including an alternative dispute resolution proceeding;(4)  may initiate or intervene as a matter of right or otherwise appear in a judicial proceeding:(A)  that involves an action taken by an administrative agency in a proceeding, including an alternative dispute resolution proceeding, in which the counsellor is authorized to appear; or(B)  in which the counsellor determines that residential consumers or small commercial consumers are in need of representation;(5)  is entitled to the same access as a party, other than utility commission staff, to records gathered by the utility commission under Section 13.133;(6)  is entitled to discovery of any nonprivileged matter that is relevant to the subject matter of a proceeding or petition before the utility commission;(7)  may represent an individual residential or small commercial consumer with respect to the consumer's disputed complaint concerning retail utility services that is unresolved before the utility commission;(8)  may recommend legislation to the legislature that the office determines would positively affect the interests of residential and small commercial consumers; and(9)  may conduct consumer outreach and education programs for residential and small commercial consumers.(c)  This section does not:(1)  affect a duty the office is required to perform under other law; or(2)  limit the authority of the utility commission to represent residential or small commercial consumers.(d)  The appearance of the counsellor in a proceeding does not preclude the appearance of other parties on behalf of residential or small commercial consumers.  The counsellor may not be grouped with any other party.|Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.12, eff. September 1, 2013.Added by Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 12, eff. September 1, 2013.|
TX Water Code § 13.042 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter C. Jurisdiction|Section 13.042. Jurisdiction of Municipality; Original and Appellate Jurisdiction of Utility Commission

Sec. 13.042.  JURISDICTION OF MUNICIPALITY; ORIGINAL AND APPELLATE JURISDICTION OF UTILITY COMMISSION.  (a)  Subject to the limitations imposed in this chapter and for the purpose of regulating rates and services so that those rates may be fair, just, and reasonable and the services adequate and efficient, the governing body of each municipality has exclusive original jurisdiction over all water and sewer utility rates, operations, and services provided by a water and sewer utility within its corporate limits.(b)  The governing body of a municipality by ordinance may elect to have the utility commission exercise exclusive original jurisdiction over the utility rates, operation, and services of utilities, within the incorporated limits of the municipality.(c)  The governing body of a municipality that surrenders its jurisdiction to the utility commission may reinstate its jurisdiction by ordinance at any time after the second anniversary of the date on which the municipality surrendered its jurisdiction to the utility commission, except that the municipality may not reinstate its jurisdiction during the pendency of a rate proceeding before the utility commission.  The municipality may not surrender its jurisdiction again until the second anniversary of the date on which the municipality reinstates jurisdiction.(d)  The utility commission shall have exclusive appellate jurisdiction to review orders or ordinances of those municipalities as provided in this chapter.(e)  The utility commission shall have exclusive original jurisdiction over water and sewer utility rates, operations, and services not within the incorporated limits of a municipality exercising exclusive original jurisdiction over those rates, operations, and services as provided in this chapter.(f)  This subchapter does not give the utility commission power or jurisdiction to regulate or supervise the rates or service of a utility owned and operated by a municipality, directly or through a municipally owned corporation, within its corporate limits or to affect or limit the power, jurisdiction, or duties of a municipality that regulates land and supervises water and sewer utilities within its corporate limits, except as provided by this code.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 6, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 5, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.14, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 14, eff. September 1, 2013.|
TX Water Code § 13.0421 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter C. Jurisdiction|Section 13.0421. Rates Charged by Certain Municipally Owned Utilities

Sec. 13.0421.  RATES CHARGED BY CERTAIN MUNICIPALLY OWNED UTILITIES.  (a)  This section applies to a municipally owned water and sewer utility that on January 1, 1989, required some or all of its wholesale customers to assess a surcharge for service against residential customers who reside outside the municipality's municipal boundaries.(b)  A municipality may not require a municipal utility district to assess a surcharge against users of water or sewer service prior to the annexation of the municipal utility district.|Added by Acts 1989, 71st Leg., ch. 567, Sec. 8, eff. Sept. 1, 1989.|
TX Water Code § 13.0431 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter C. Jurisdiction|Section 13.0431. Appeals by Retail Public Utilities

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), a party may challenge before the utility commission the rate paid under the amended contract only:(1)  after the 5th anniversary of the date of the contract amendment; or(2)  during a period agreed to by the parties that begins after the 5th anniversary of the date of the contract amendment and ends on or before the 25th anniversary of that date.|Added by Acts 2021, 87th Leg., R.S., Ch. 307 (S.B. 997), Sec. 2, eff. September 1, 2021.|
TX Water Code § 13.044 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter C. Jurisdiction|Section 13.044. Rates Charged by Municipality to Certain Special Districts

Sec. 13.044.  RATES CHARGED BY MUNICIPALITY TO CERTAIN SPECIAL DISTRICTS.  (a)  This section applies to rates charged by a municipality for water or sewer service to a district created pursuant to Article XVI, Section 59, of the Texas Constitution, or to the residents of such district, which district is located within the corporate limits or the extraterritorial jurisdiction of the municipality and the resolution, ordinance, or agreement of the municipality consenting to the creation of the district requires the district to purchase water or sewer service from the municipality.(b)  Notwithstanding the provisions of any resolution, ordinance, or agreement, a district may appeal the rates imposed by the municipality by filing a petition with the utility commission.  The utility commission shall hear the appeal de novo and the municipality shall have the burden of proof to establish that the rates are just and reasonable.  The utility commission shall fix the rates to be charged by the municipality and the municipality may not increase such rates without the approval of the utility commission.|Added by Acts 1989, 71st Leg., ch. 567, Sec. 7, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.16, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 16, eff. September 1, 2013.Acts 2017, 85th Leg., R.S., Ch. 849 (H.B. 2369), Sec. 2, eff. June 15, 2017.|
TX Water Code § 13.0441 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter C. Jurisdiction|Section 13.0441. Fees Charged by Municipality to Public School Districts

Sec. 13.0441.  FEES CHARGED BY MUNICIPALITY TO PUBLIC SCHOOL DISTRICTS.  (a)  This section applies only to fees charged by a municipality for water or sewer service to a public school district.(b)  Notwithstanding the provisions of a resolution, ordinance, or agreement, a public school district charged a fee that violates Section 13.088 may appeal the charge by filing a petition with the utility commission. The utility commission shall hear the appeal de novo, and the municipality charging the fee has the burden of proof to establish that the fee complies with Section 13.088. The utility commission shall fix the fees to be charged by the municipality in accordance with this chapter, including Section 13.088.|Added by Acts 2017, 85th Leg., R.S., Ch. 849 (H.B. 2369), Sec. 3, eff. June 15, 2017.|
TX Water Code § 13.045 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter C. Jurisdiction|Section 13.045. Notification Regarding Use of Revenue

Sec. 13.045.  NOTIFICATION REGARDING USE OF REVENUE.  At least annually and before any rate increase, a municipality shall notify in writing each water and sewer retail customer of any service or capital expenditure not water or sewer related funded in whole or in part by customer revenue.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.28, eff. Sept. 1, 1997.|
TX Water Code § 13.046 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter C. Jurisdiction|Section 13.046. Temporary Rates for Services Provided for Nonfunctioning System; Sanctions for Noncompliance

Sec. 13.046.  TEMPORARY RATES FOR SERVICES PROVIDED FOR NONFUNCTIONING SYSTEM; SANCTIONS FOR NONCOMPLIANCE.  (a)  The utility commission by rule shall establish a procedure that allows a retail public utility that takes over the provision of services for a nonfunctioning retail water or sewer utility service provider to charge a reasonable rate for the services provided to the customers of the nonfunctioning system and to bill the customers for the services at that rate immediately to recover service costs.(b)  The rules must provide a streamlined process that the retail public utility that takes over the nonfunctioning system may use to apply to the utility commission for a ruling on the reasonableness of the rates the utility is charging under Subsection (a).  The process must allow for adequate consideration of costs for interconnection or other costs incurred in making services available and of the costs that may necessarily be incurred to bring the nonfunctioning system into compliance with utility commission and commission rules.(c)  The utility commission shall provide a reasonable period for the retail public utility that takes over the nonfunctioning system to bring the nonfunctioning system into compliance with utility commission and commission rules during which the utility commission or the commission may not impose a penalty for any deficiency in the system that is present at the time the utility takes over the nonfunctioning system.  The utility commission must consult with the utility before determining the period and may grant an extension of the period for good cause.(d)  At the time the utility commission approves the acquisition of a nonfunctioning retail water or sewer utility service provider under Section 13.301, the utility commission shall:(1)  determine the duration of the temporary rates for the retail public utility, which must be for a reasonable period; and(2)  rule on the reasonableness of the temporary rates under Subsection (b) if the utility commission did not make a ruling before the application was filed under Section 13.301.|Added by Acts 2007, 80th Leg., R.S., Ch. 599 (H.B. 149), Sec. 1, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.17, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 17, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 967 (S.B. 700), Sec. 3, eff. September 1, 2019.|
TX Water Code § 13.081 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter D. Municipalities and Counties|Section 13.081. Franchises

Sec. 13.081.  FRANCHISES.  This chapter may not be construed as in any way limiting the rights and powers of a municipality to grant or refuse franchises to use the streets and alleys within its limits and to make the statutory charges for their use, but no provision of any franchise agreement may limit or interfere with any power conferred on the utility commission by this chapter.  If a municipality performs regulatory functions under this chapter, it may make such other charges as may be provided in the applicable franchise agreement, together with any other charges permitted by this chapter.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.18, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 18, eff. September 1, 2013.|
TX Water Code § 13.082 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter D. Municipalities and Counties|Section 13.082. Local Utility Service; Exempt and Nonexempt Areas

Sec. 13.082.  LOCAL UTILITY SERVICE; EXEMPT AND NONEXEMPT AREAS.  (a)  Notwithstanding any other provision of this section, municipalities shall continue to regulate each kind of local utility service inside their boundaries until the utility commission has assumed jurisdiction over the respective utility pursuant to this chapter.(b)  If a municipality does not surrender its jurisdiction, local utility service within the boundaries of the municipality shall be exempt from regulation by the utility commission under this chapter to the extent that this chapter applies to local service, and the municipality shall have, regarding service within its boundaries, the right to exercise the same regulatory powers under the same standards and rules as the utility commission or other standards and rules not inconsistent with them.  The utility commission's rules relating to service and response to requests for service for utilities operating within a municipality's corporate limits apply unless the municipality adopts its own rules.(c)  Notwithstanding any election, the utility commission may consider water and sewer utilities' revenues and return on investment in exempt areas in fixing rates and charges in nonexempt areas and may also exercise the powers conferred necessary to give effect to orders under this chapter for the benefit of nonexempt areas.  Likewise, in fixing rates and charges in the exempt area, the governing body may consider water and sewer utilities' revenues and return on investment in nonexempt areas.(d)  Utilities serving exempt areas are subject to the reporting requirements of this chapter.  Those reports and tariffs shall be filed with the governing body of the municipality as well as with the utility commission.(e)  This section does not limit the duty and power of the utility commission to regulate service and rates of municipally regulated water and sewer utilities for service provided to other areas in Texas.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 9, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.19, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 19, eff. September 1, 2013.|
TX Water Code § 13.083 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter D. Municipalities and Counties|Section 13.083. Rate Determination

Sec. 13.083.  RATE DETERMINATION.  A municipality regulating its water and sewer utilities under this chapter shall require from those utilities all necessary data to make a reasonable determination of rate base, expenses, investment, and rate of return within the municipal boundaries.  The standards for this determination shall be based on the procedures and requirements of this chapter, and the municipality shall retain any personnel necessary to make the determination of reasonable rates required under this chapter.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.|
TX Water Code § 13.084 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter D. Municipalities and Counties|Section 13.084. Authority of Governing Body; Cost Reimbursement

Sec. 13.084.  AUTHORITY OF GOVERNING BODY;  COST REIMBURSEMENT.  The governing body of any municipality or the commissioners court of an affected county 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.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 10, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 979, Sec. 9, eff. June 16, 1995.|
TX Water Code § 13.085 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter D. Municipalities and Counties|Section 13.085. Assistance by Utility Commission

Sec. 13.085.  ASSISTANCE BY UTILITY COMMISSION.  On request, the utility commission may advise and assist municipalities and affected counties in connection with questions and proceedings arising under this chapter.  This assistance may include aid to municipalities or an affected county in connection with matters pending before the utility commission, the courts, the governing body of any municipality, or the commissioners court of an affected county, including making members of the staff available to them as witnesses and otherwise providing evidence.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 979, Sec. 10, eff. June 16, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.20, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 20, eff. September 1, 2013.|
TX Water Code § 13.086 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter D. Municipalities and Counties|Section 13.086. Fair Wholesale Rates for Wholesale Water Sales to a Water District

Sec. 13.086.  FAIR WHOLESALE RATES FOR WHOLESALE WATER SALES TO A WATER DISTRICT.  (a)  A municipality that makes a wholesale sale of water to a special district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, and that operates under Title 4 or under Chapter 36 shall determine the rates for that sale on the same basis as for other similarly situated wholesale purchasers of the municipality's water.(b)  This section does not apply to a sale of water under a contract executed before the effective date of this section.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.29, eff. Sept. 1, 1997.|