reglab/housing_qa huggingface dataset:
TX Water Code § 13.188 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter F. Proceedings Before Regulatory Authority|Section 13.188. Adjustment for Change in Energy Costs

Sec. 13.188.  ADJUSTMENT FOR CHANGE IN ENERGY COSTS.  (a)  Notwithstanding any other provision in this chapter, the utility commission by rule shall adopt a procedure allowing a utility to file with the utility commission an application to timely adjust the utility's rates to reflect an increase or decrease in documented energy costs in a pass through clause.  The utility commission, by rule, shall require the pass through of documented decreases in energy costs within a reasonable time.  The pass through, whether a decrease or increase, shall be implemented on no later than an annual basis, unless the utility commission determines a special circumstance applies.(b)  Notwithstanding any other provision to the contrary, this adjustment is an uncontested matter not subject to a contested case hearing.  However, the utility commission shall hold an uncontested public meeting:(1)  on the request of a member of the legislature who represents the area served by the water and sewer utility; or(2)  if the utility commission determines that there is substantial public interest in the matter.(c)  A proceeding under this section is not a rate case and Sections 13.187, 13.1871, and 13.1872 do not apply.|Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.07, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.41, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 41, eff. September 1, 2013.|
TX Water Code § 13.189 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter F. Proceedings Before Regulatory Authority|Section 13.189. Unreasonable Preference or Prejudice as to Rates or Services

Sec. 13.189.  UNREASONABLE PREFERENCE OR PREJUDICE AS TO RATES OR SERVICES.  (a)  A water and sewer utility as to rates or services may not make or grant any unreasonable preference or advantage to any corporation or person within any classification or subject any corporation or person within any classification to any unreasonable prejudice or disadvantage.(b)  A utility may not establish and maintain any unreasonable differences as to rates of service either as between localities or as between classes of service.(c)  For purposes of this section, a reduced rate authorized under Section 13.182(b-1) does not:(1)  make or grant an unreasonable preference or advantage to any corporation or person;(2)  subject a corporation or person to an unreasonable prejudice or disadvantage; or(3)  constitute an unreasonable difference as to rates of service between classes of service.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.Amended by: Acts 2017, 85th Leg., R.S., Ch. 129 (H.B. 1083), Sec. 2, eff. September 1, 2017.|
TX Water Code § 13.190 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter F. Proceedings Before Regulatory Authority|Section 13.190. Equality of Rates and Services

Sec. 13.190.  EQUALITY OF RATES AND SERVICES.  (a)  A water and sewer utility may not directly or indirectly by any device or in any manner charge, demand, collect, or receive from any person a greater or lesser compensation for any service rendered or to be rendered by the utility than that prescribed in the schedule of rates of the utility applicable to that service when filed in the manner provided in this chapter, and a person may not knowingly receive or accept any service from a utility for a compensation greater or less than that prescribed in the schedules, provided that all rates being charged and collected by a utility on the effective date of this chapter may be continued until schedules are filed.(b)  This chapter does not prevent a cooperative corporation from returning to its members the whole or any part of the net earnings resulting from its operations in proportion to their purchases from or through the corporation.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.|
TX Water Code § 13.191 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter F. Proceedings Before Regulatory Authority|Section 13.191. Discrimination; Restriction on Competition

Sec. 13.191.  DISCRIMINATION;  RESTRICTION ON COMPETITION.  A water and sewer utility may not discriminate against any person or corporation that sells or leases equipment or performs services in competition with the utility, and a utility may not engage in any other practice that tends to restrict or impair that competition.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.|
TX Water Code § 13.192 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle B - Water Rights|Chapter 13 - Water Rates and Services|Subchapter F. Proceedings Before Regulatory Authority|Section 13.192. Payments in Lieu of Taxes

Sec. 13.192.  PAYMENTS IN LIEU OF TAXES.  Payments made in lieu of taxes by a water and sewer utility to the municipality by which it is owned may not be considered an expense of operation for the purpose of determining, fixing, or regulating the rates to be charged for the provision of utility service to a school district or hospital district.  No rates received by a utility from a school district or hospital district may be used to make or to cover the cost of making payments in lieu of taxes to the municipality by which the utility is owned.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.|
TX Water Code § 13.241 (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 13.241. Granting Certificates

Sec. 13.241.  GRANTING CERTIFICATES.  (a)  In determining whether to grant or amend a certificate of public convenience and necessity, the utility commission shall ensure that the applicant possesses the financial, managerial, and technical capability to provide continuous and adequate service.(b)  For water utility service, the commission shall ensure that the applicant:(1)  is capable of providing drinking water that meets the requirements of Chapter 341, Health and Safety Code, and requirements of this code;  and(2)  has access to an adequate supply of water.(c)  For sewer utility service, the commission shall ensure that the applicant is capable of meeting the commission's design criteria for sewer treatment plants and the requirements of this code.(d)  Before the utility commission grants a new certificate of convenience and necessity for an area which would require construction of a physically separate water or sewer system, the applicant must demonstrate to the utility commission that regionalization or consolidation with another retail public utility is not economically feasible.(e)  The utility commission by rule shall develop a standardized method for determining under Section 13.246(f) which of two or more retail public utilities or water supply or sewer service corporations that apply for a certificate of public convenience and necessity to provide water or sewer utility service to an uncertificated area located in an economically distressed area is more capable financially, managerially, and technically of providing continuous and adequate service.  In this subsection, "economically distressed area" has the meaning assigned by Section 15.001.|Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.07, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 404, Sec. 30, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 1145 (H.B. 2876), Sec. 2, eff. September 1, 2005.Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.42, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 42, eff. September 1, 2013.|
TX Water Code § 13.242 (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 13.242. Certificate Required

Sec. 13.242.  CERTIFICATE REQUIRED.  (a)  Unless otherwise specified, a utility, a utility operated by an affected county, or a water supply or sewer service corporation may not in any way render retail water or sewer utility service directly or indirectly to the public without first having obtained from the utility commission a certificate that the present or future public convenience and necessity will require that installation, operation, or extension, and except as otherwise provided by this subchapter, a retail public utility may not furnish, make available, render, or extend retail water or sewer utility service to any area to which retail water or sewer utility service is being lawfully furnished by another retail public utility without first having obtained a certificate of public convenience and necessity that includes the area in which the consuming facility is located.(b)  A person that is not a retail public utility or a utility or water supply corporation that is operating under provisions pursuant to Subsection (c) may not construct facilities to provide water or sewer service to more than one service connection not on the property owned by the person and that are within the certificated area of a retail public utility without first obtaining written consent from the retail public utility.  A person that violates this section or the reasonable and legal terms and conditions of any written consent is subject to the administrative penalties described by Section 13.4151 of this code.(c)  The utility commission may by rule allow a municipality or utility or water supply corporation to render retail water service without a certificate of public convenience and necessity if the municipality has given notice under Section 13.255 that it intends to provide retail water service to an area or if the utility or water supply corporation has less than 15 potential connections and is not within the certificated area of another retail public utility.(d)  A supplier of wholesale water or sewer service may not require a purchaser to obtain a certificate of public convenience and necessity if the purchaser is not otherwise required by this chapter to obtain the certificate.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 13, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 21, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 652, Sec. 2, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 979, Sec. 14, eff. June 16, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1145 (H.B. 2876), Sec. 3, eff. September 1, 2005.Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.43, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 43, eff. September 1, 2013.|
TX Water Code § 13.243 (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 13.243. Exceptions for Extension of Service

Sec. 13.243.  EXCEPTIONS FOR EXTENSION OF SERVICE.  A retail public utility is not required to secure a certificate of public convenience and necessity for:(1)  an extension into territory contiguous to that already served by it, if the point of ultimate use is within one-quarter mile of the boundary of the certificated area, and not receiving similar service from another retail public utility and not within the area of public convenience and necessity of another retail public utility;  or(2)  an extension within or to territory already served by it or to be served by it under a certificate of public convenience and necessity.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 14, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 22, eff. Sept. 1, 1989.|
TX Water Code § 13.2451 (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 13.2451. Extension Beyond Extraterritorial Jurisdiction

Sec. 13.2451.  EXTENSION BEYOND EXTRATERRITORIAL JURISDICTION.  (a)  Except as provided by Subsection (b), if a municipality extends its extraterritorial jurisdiction to include an area certificated to a retail public utility, the retail public utility may continue and extend service in its area of public convenience and necessity under the rights granted by its certificate and this chapter.(b)  The utility commission may not extend a municipality's certificate of public convenience and necessity beyond its extraterritorial jurisdiction if an owner of land that is located wholly or partly outside the extraterritorial jurisdiction elects to exclude some or all of the landowner's property within a proposed service area in accordance with Section 13.246(h).  This subsection does not apply to a transfer of a certificate as approved by the utility commission.(b-1)  Subsection (b) does not apply to an extension of extraterritorial jurisdiction in a county that borders the United Mexican States and the Gulf of Mexico or a county adjacent to such a county.(b-2)  Subsection (b) does not apply to an extension of extraterritorial jurisdiction in a county:(1)  with a population of more than 30,000 and less than 35,000 that borders the Red River; or(2)  with a population of more than 100,000 and less than 200,000 that borders a county described by Subdivision (1).(b-3)  Subsection (b) does not apply to an extension of extraterritorial jurisdiction in a county:(1)  with a population of 130,000 or more that is adjacent to a county with a population of 1.5 million or more that is within 200 miles of an international border; or(2)  with a population of more than 40,000 and less than 50,000 that contains a portion of the San Antonio River.(c)  The utility commission, after notice to the municipality and an opportunity for a hearing, may decertify an area outside a municipality's extraterritorial jurisdiction if the municipality does not provide service to the area on or before the fifth anniversary of the date the certificate of public convenience and necessity was granted for the area.  This subsection does not apply to a certificate of public convenience and necessity for an area:(1)  that was transferred to a municipality on approval of the utility commission; and(2)  in relation to which the municipality has spent public funds.(d)  To the extent of a conflict between this section and Section 13.245, Section 13.245 prevails.|Added by Acts 2005, 79th Leg., Ch. 1145 (H.B. 2876), Sec. 5, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.08, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 1325 (S.B. 573), Sec. 2, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.46, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 46, eff. September 1, 2013.|
TX Water Code § 13.247 (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 13.247. Area Within Municipality

Sec. 13.247.  AREA WITHIN MUNICIPALITY.  (a)  If an area is within the boundaries of a municipality, all retail public utilities certified or entitled to certification under this chapter to provide service or operate facilities in that area may continue and extend service in its area of public convenience and necessity within the area pursuant to the rights granted by its certificate and this chapter, unless the municipality exercises its power of eminent domain to acquire the property of the retail public utility under Subsection (d).  Except as provided by Section 13.2475 or 13.255, a municipally owned or operated utility may not provide retail water and sewer utility service within the area certificated to another retail public utility without first having obtained from the utility commission a certificate of public convenience and necessity that includes the areas to be served.(b)  Notwithstanding any other provision of law, a retail public utility may continue and extend service within its area of public convenience and necessity and utilize the roads, streets, highways, alleys, and public property to furnish retail utility service, subject to the authority of the governing body of a municipality to require any retail public utility, at its own expense, to relocate its facilities to permit the widening or straightening of streets, by giving to the retail public utility 30 days' notice and specifying the new location for the facilities along the right-of-way of the street or streets.(c)  This section may not be construed as limiting the power of municipalities to incorporate or extend their boundaries by annexation, or as prohibiting any municipality from levying taxes and other special charges for the use of the streets as are authorized by Section 182.025, Tax Code.(d)  In addition to any other rights provided by law, a municipality with a population of more than 500,000 may exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, to acquire a substandard water or sewer system if all the facilities of the system are located entirely within the municipality's boundaries.  The municipality shall pay just and adequate compensation for the property.  In this subsection, "substandard water or sewer system" means a system that is not in compliance with the municipality's standards for water and wastewater service.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 25, eff. Sept. 1, 1989.Amended by: Acts 2005, 79th Leg., Ch. 1145 (H.B. 2876), Sec. 7, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 1145 (H.B. 2876), Sec. 8, eff. September 1, 2005.Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.48, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 48, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 673 (S.B. 789), Sec. 1, eff. September 1, 2015.|
TX Water Code § 13.2475 (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 13.2475. Certificates of Public Convenience and Necessity to Provide Sewer Service in Certain Municipalities

Sec. 13.2475.  CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE SEWER SERVICE IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality:(1)  with a population of more than 95,000;(2)  located in a county that:(A)  borders Lake Palestine; and(B)  has a population of more than 200,000;(3)  that owns and operates a utility that provides sewer service; and(4)  that has an area within the boundaries of the municipality that is certificated to another retail public utility that provides sewer service.(b)  A municipality may provide sewer service to an area entirely within the municipality's boundaries without first having to obtain from the utility commission a certificate of public convenience and necessity that includes the area to be served, regardless of whether the area to be served is certificated to another retail public utility.(c)  Not less than 30 days before the municipality begins providing sewer service to an area certificated to another retail public utility, the municipality shall provide notice to the retail public utility and the utility commission of its intention to provide service to the area.(d)  On receipt of the notice required by Subsection (c), a retail public utility may:(1)  petition the utility commission to decertify its certificate for the area to be served by the municipality; or(2)  discontinue service to the area to be served by the municipality, provided that there is no interruption of service to any customer.(e)  This section may not be construed to limit the right of a retail public utility to provide service in an area certificated to the retail public utility.(f)  This section does not expand a municipality's power of eminent domain under Chapter 21, Property Code.|Added by Acts 2015, 84th Leg., R.S., Ch. 673 (S.B. 789), Sec. 2, eff. September 1, 2015.|
TX Water Code § 13.248 (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 13.248. Contracts Valid and Enforceable

Sec. 13.248.  CONTRACTS VALID AND ENFORCEABLE.  Contracts between retail public utilities designating areas to be served and customers to be served by those retail public utilities, when approved by the utility commission after public notice and hearing, are valid and enforceable and are incorporated into the appropriate areas of public convenience and necessity.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 26, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.49, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 49, eff. September 1, 2013.|
TX Water Code § 13.2501 (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 13.2501. Conditions Requiring Refusal of Service

Sec. 13.2501.  CONDITIONS REQUIRING REFUSAL OF SERVICE.  The holder of a certificate of public convenience and necessity shall refuse to serve a customer within its certified area if the holder of the certificate is prohibited from providing the service under Section 212.012 or 232.0047, Local Government Code.|Added by Acts 1987, 70th Leg., ch. 1102, Sec. 6, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(f), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 624, Sec. 3.13, eff. Sept. 1, 1989.|
TX Water Code § 13.251 (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 13.251. Sale, Assignment, or Lease of Certificate

Sec. 13.251.  SALE, ASSIGNMENT, OR LEASE OF CERTIFICATE.  Except as provided by Section 13.255, a utility or a water supply or sewer service corporation may not sell, assign, or lease a certificate of public convenience and necessity or any right obtained under a certificate unless the utility commission has determined that the purchaser, assignee, or lessee is capable of rendering adequate and continuous service to every consumer within the certified area, after considering the factors under Section 13.246(c).  The sale, assignment, or lease shall be on the conditions prescribed by the utility commission.|Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 17, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 28, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 678, Sec. 8, eff. Sept. 1, 1991.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.52, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 52, eff. September 1, 2013.|