reglab/housing_qa huggingface dataset:
TX Water Code § 13.252 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter G. Certificates of Convenience and Necessity|Section 13.252. Interference With Other Retail Public Utility

Sec. 13.252.  INTERFERENCE WITH OTHER RETAIL PUBLIC UTILITY.  If a retail public utility in constructing or extending a line, plant, or system interferes or attempts to interfere with the operation of a line, plant, or system of any other retail public utility, or furnishes, makes available, renders, or extends retail water or sewer utility service to any portion of the service area of another retail public utility that has been granted or is not required to possess a certificate of public convenience and necessity, the utility commission may issue an order prohibiting the construction, extension, or provision of service or prescribing terms and conditions for locating the line, plant, or system affected or for the provision of the service.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 18, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 29, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.53, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 53, eff. September 1, 2013.|
TX Water Code § 13.2551 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter G. Certificates of Convenience and Necessity|Section 13.2551. Completion of Decertification

Sec. 13.2551.  COMPLETION OF DECERTIFICATION.  (a)  As a condition to decertification or single certification under Section 13.254 or 13.255, and on request by an affected retail public utility, the utility commission may order:(1)  the retail public utility seeking to provide service to a decertified area to serve the entire service area of the retail public utility that is being decertified; and(2)  the transfer of the entire certificate of public convenience and necessity of a partially decertified retail public utility to the retail public utility seeking to provide service to the decertified area.(b)  The utility commission shall order service to the entire area under Subsection (a) if the utility commission finds that the decertified retail public utility will be unable to provide continuous and adequate service at an affordable cost to the remaining customers.(c)  The utility commission shall require the retail public utility seeking to provide service to the decertified area to provide continuous and adequate service to the remaining customers at a cost comparable to the cost of that service to its other customers and shall establish the terms under which the service must be provided.  The terms may include:(1)  transferring debt and other contract obligations;(2)  transferring real and personal property;(3)  establishing interim service rates for affected customers during specified times; and(4)  other provisions necessary for the just and reasonable allocation of assets and liabilities.(d)  The retail public utility seeking decertification shall not charge the affected customers any transfer fee or other fee to obtain service other than the retail public utility's usual and customary rates for monthly service or the interim rates set by the utility commission, if applicable.(e)  The utility commission shall not order compensation to the decertificated retail utility if service to the entire service area is ordered under this section.|Added by Acts 2005, 79th Leg., Ch. 1145 (H.B. 2876), Sec. 11, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.57, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 57, eff. September 1, 2013.|
TX Water Code § 13.256 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter G. Certificates of Convenience and Necessity|Section 13.256. County Fee

Sec. 13.256.  COUNTY FEE.  (a)  Notwithstanding any other provision of law, a county with a population of more than 2.8 million may not charge a water and sewer utility a fee for the privilege of installing or replacing a water or sewer line in the county's right-of-way.(b)  This section does not affect a franchise agreement or other contract entered into before September 1, 1995.|Added by Acts 1995, 74th Leg., ch. 628, Sec. 1, eff. Sept. 1, 1995.|
TX Water Code § 13.3011 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter H. Sale of Property and Mergers|Section 13.3011. Initial Rates for Certain Water or Sewer Systems After Purchase or Acquisition

Sec. 13.3011.  INITIAL RATES FOR CERTAIN WATER OR SEWER SYSTEMS AFTER PURCHASE OR ACQUISITION.  (a)  A person who files an application described by Section 13.301(a) for the purchase or acquisition of a water or sewer system may request that the regulatory authority with original jurisdiction over the rates for water or sewer service provided by the person to the customers of the system authorize the person to charge initial rates for the service that are:(1)  shown in a tariff filed with a regulatory authority by the person for another water or sewer system; and(2)  in force for the other water or sewer system on the date the application described by Section 13.301(a) is filed.(b)  The regulatory authority may not require a person who makes a request under Subsection (a) to initiate a new rate proceeding to establish the initial rates for service the person will provide to the customers of the purchased or acquired system.|Added by Acts 2021, 87th Leg., R.S., Ch. 252 (H.B. 1484), Sec. 1, eff. September 1, 2021.|
TX Water Code § 13.302 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter H. Sale of Property and Mergers|Section 13.302. Purchase of Voting Stock in Another Public Utility: Report

Sec. 13.302.  PURCHASE OF VOTING STOCK IN ANOTHER PUBLIC UTILITY:  REPORT.  (a)  A utility may not purchase voting stock in another utility doing business in this state and a person may not acquire a controlling interest in a utility doing business in this state unless the person or utility files a written application with the utility commission not later than the 61st day before the date on which the transaction is to occur.(b)  The utility commission may require that a person acquiring a controlling interest in a utility demonstrate adequate financial, managerial, and technical capability for providing continuous and adequate service to the requested area and any areas currently certificated to the person.(c)  If the person acquiring a controlling interest cannot demonstrate adequate financial capability, the utility commission may require that the person provide a bond or other financial assurance in a form and amount specified by the utility commission to ensure continuous and adequate utility service is provided.(d)  The utility commission may hold a public hearing on the transaction if the utility commission believes that a criterion prescribed by Section 13.301(e) applies.(e)  Unless the utility commission holds a public hearing, the purchase or acquisition may be completed as proposed:(1)  at the end of the 60-day period; or(2)  at any time after the utility commission notifies the person or utility that a hearing will not be held.(f)  If the utility commission decides to hold a hearing or if the person or utility fails to make the application to the utility commission as required, the purchase or acquisition may not be completed unless the utility commission determines that the proposed transaction serves the public interest.  A purchase or acquisition that is not completed in accordance with the provisions of this section is void.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 34, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 678, Sec. 10, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1010, Sec. 6.12, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.60, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 60, eff. September 1, 2013.|
TX Water Code § 13.303 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter H. Sale of Property and Mergers|Section 13.303. Loans to Stockholders: Report

Sec. 13.303.  LOANS TO STOCKHOLDERS:  REPORT.  A utility may not loan money, stocks, bonds, notes, or other evidences of indebtedness to any corporation or person owning or holding directly or indirectly any stock of the utility unless the utility reports the transaction to the utility commission within 60 days after the date of the transaction.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 35, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.61, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 61, eff. September 1, 2013.|
TX Water Code § 13.304 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter H. Sale of Property and Mergers|Section 13.304. Foreclosure Report

Sec. 13.304.  FORECLOSURE REPORT.  (a)  A utility that receives notice that all or a portion of the utility's facilities or property used to provide utility service are being posted for foreclosure shall notify the utility commission and the commission in writing of that fact not later than the 10th day after the date on which the utility receives the notice.(b)  A financial institution that forecloses on a utility or on any part of the utility's facilities or property that are used to provide utility service is not required to provide the 120-day notice prescribed by Section 13.301, but shall provide written notice to the utility commission and the commission before the 30th day preceding the date on which the foreclosure is completed.(c)  The financial institution may operate the utility for an interim period prescribed by utility commission rule before transferring or otherwise obtaining a certificate of convenience and necessity.  A financial institution that operates a utility during an interim period under this subsection is subject to each utility commission rule to which the utility was subject and in the same manner.|Added by Acts 1991, 72nd Leg., ch. 678, Sec. 11, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 400, Sec. 8, eff. Sept. 1, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.62, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 62, eff. September 1, 2013.|
TX Water Code § 13.341 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter I. Relations With Affiliated Interests|Section 13.341. Jurisdiction Over Affiliated Interests

Sec. 13.341.  JURISDICTION OVER AFFILIATED INTERESTS.  The utility commission has jurisdiction over affiliated interests having transactions with utilities under the jurisdiction of the utility commission to the extent of access to all accounts and records of those affiliated interests relating to such transactions, including but in no way limited to accounts and records of joint or general expenses, any portion of which may be applicable to those transactions.|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. 2.63, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 63, eff. September 1, 2013.|
TX Water Code § 13.342 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter I. Relations With Affiliated Interests|Section 13.342. Disclosure of Substantial Interest in Voting Securities

Sec. 13.342.  DISCLOSURE OF SUBSTANTIAL INTEREST IN VOTING SECURITIES.  The utility commission may require the disclosure of the identity and respective interests of every owner of any substantial interest in the voting securities of any utility or its affiliated interest.  One percent or more is a substantial interest within the meaning of this section.|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. 2.64, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 64, eff. September 1, 2013.|
TX Water Code § 13.343 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter I. Relations With Affiliated Interests|Section 13.343. Wholesale Water Contracts Between Certain Affiliates

Sec. 13.343.  WHOLESALE WATER CONTRACTS BETWEEN CERTAIN AFFILIATES.  (a)  The owner of a utility that supplies retail water service may not contract to purchase from an affiliated supplier wholesale water service for any of that owner's systems unless:(1)  the wholesale service is provided for not more than 90 days to remedy an emergency condition, as defined by utility commission or commission rule; or(2)  the utility commission determines that the utility cannot obtain wholesale water service from another source at a lower cost than from the affiliate.(b)  The utility may not purchase groundwater from any provider if:(1)  the source of the groundwater is located in a priority groundwater management area;  and(2)  a wholesale supply of surface water is available.|Added by Acts 2001, 77th Leg., ch. 966, Sec. 10.07, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.65, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 65, eff. September 1, 2013.|
TX Water Code § 13.381 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter J. Judicial Review|Section 13.381. Right to Judicial Review; Evidence

Sec. 13.381.  RIGHT TO JUDICIAL REVIEW; EVIDENCE.  Any party to a proceeding before the utility commission or the commission is entitled to judicial review under the substantial evidence rule.|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. 2.66, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 66, eff. September 1, 2013.|
TX Water Code § 13.382 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter J. Judicial Review|Section 13.382. Costs and Attorney's Fees

Sec. 13.382.  COSTS AND ATTORNEY'S FEES.  (a)  Any party represented by counsel who alleges that existing rates are excessive or that rates prescribed by the utility commission are excessive and who is a prevailing party in proceedings for review of a utility commission order or decision may in the same action recover against the regulation fund reasonable fees for attorneys and expert witnesses and other costs incurred by him before the utility commission and the court.  The amount of the attorney's fees shall be fixed by the court.(b)  On a finding by the court that an action under this subchapter was groundless and brought in bad faith and for the purpose of harassment, the court may award to the defendant retail public utility reasonable attorney's fees.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 36, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.67, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 67, eff. September 1, 2013.|
TX Water Code § 13.411 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.411. Action to Enjoin or Require Compliance

Sec. 13.411.  ACTION TO ENJOIN OR REQUIRE COMPLIANCE.  (a)  If the utility commission or the commission has reason to believe that any retail public utility or any other person or corporation is engaged in or is about to engage in any act in violation of this chapter or of any order or rule of the utility commission or the commission entered or adopted under this chapter or that any retail public utility or any other person or corporation is failing to comply with this chapter or with any rule or order, the attorney general on request of the utility commission or the commission, in addition to any other remedies provided in this chapter, shall bring an action in a court of competent jurisdiction in the name of and on behalf of the utility commission or the commission against the retail public utility or other person or corporation to enjoin the commencement or continuation of any act or to require compliance with this chapter or the rule or order.(b)  If the utility commission or the executive director of the commission has reason to believe that the failure of the owner or operator of a water utility to properly operate, maintain, or provide adequate facilities presents an imminent threat to human health or safety, the utility commission or the executive director shall immediately:(1)  notify the utility's representative; and(2)  initiate enforcement action consistent with:(A)  this subchapter; and(B)  procedural rules adopted by the utility commission or the commission.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 37, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1010, Sec. 6.30, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.68, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 68, eff. September 1, 2013.|
TX Water Code § 13.4115 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.4115. Action to Require Adjustment to Consumer Charge; Penalty

Sec. 13.4115.  ACTION TO REQUIRE ADJUSTMENT TO CONSUMER CHARGE; PENALTY.  In regard to a customer complaint arising out of a charge made by a public utility, if the utility commission finds that the utility has failed to make the proper adjustment to the customer's bill after the conclusion of the complaint process established by the utility commission, the utility commission may issue an order requiring the utility to make the adjustment.  Failure to comply with the order within 30 days of receiving the order is a violation for which the utility commission may impose an administrative penalty under Section 13.4151.|Added by Acts 2001, 77th Leg., ch. 965, Sec. 20.01, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.69, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 69, eff. September 1, 2013.|
TX Water Code § 13.413 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.413. Payment of Costs of Receivership

Sec. 13.413.  PAYMENT OF COSTS OF RECEIVERSHIP.  The receiver may, subject to the approval of the court and after giving notice to all interested parties, sell or otherwise dispose of all or part of the real or personal property of a water or sewer utility against which a proceeding has been brought under this subchapter to pay the costs incurred in the operation of the receivership.  The costs include:(1)  payment of fees to the receiver for his services;(2)  payment of fees to attorneys, accountants, engineers, or any other person or entity that provides goods or services necessary to the operation of the receivership; and(3)  payment of costs incurred in ensuring that any property owned or controlled by a water or sewer utility is not used in violation of a final order of the utility commission or the commission.|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. 2.71, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 71, eff. September 1, 2013.|
TX Water Code § 13.4131 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter K. Violations and Enforcement|Section 13.4131. Supervision of Certain Utilities

Sec. 13.4131.  SUPERVISION OF CERTAIN UTILITIES.  (a)  The utility commission, after providing to the utility notice and an opportunity for a hearing, may place a utility under supervision for gross or continuing mismanagement, gross or continuing noncompliance with this chapter or a rule adopted under this chapter, or noncompliance with an order issued under this chapter.(b)  While supervising a utility, the utility commission may require the utility to abide by conditions and requirements prescribed by the utility commission, including:(1)  management requirements;(2)  additional reporting requirements;(3)  restrictions on hiring, salary or benefit increases, capital investment, borrowing, stock issuance or dividend declarations, and liquidation of assets; and(4)  a requirement that the utility place the utility's funds into an account in a financial institution approved by the utility commission and use of those funds shall be restricted to reasonable and necessary utility expenses.(c)  While supervising a utility, the utility commission may require that the utility obtain approval from the utility commission before taking any action that may be restricted under Subsection (b).  Any action or transaction which occurs without approval may be voided by the utility commission.|Added by Acts 1991, 72nd Leg., ch. 678, Sec. 13, eff. Sept. 1, 1991.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.72, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 72, eff. September 1, 2013.|