reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter D. Municipalities and Counties › Section 13.087. Municipal Rates for Certain Recreational Vehicle Parks

Sec. 13.087.  MUNICIPAL RATES FOR CERTAIN RECREATIONAL VEHICLE PARKS.  (a)  In this section:
(1)  "Nonsubmetered master metered utility service" means potable water service that is master metered but not submetered and wastewater service that is based on master metered potable water service.
(2)  "Recreational vehicle" includes a:
(A)  "house trailer" as that term is defined by Section 501.002, Transportation Code; and
(B)  "towable recreational vehicle" as that term is defined by Section 541.201, Transportation Code.
(3)  "Recreational vehicle park" means a commercial property:
(A)  that is designed primarily for recreational vehicle transient guest use; and
(B)  for which fees for site service connections for recreational vehicles, as defined by Section 522.004(b), Transportation Code, are paid daily, weekly, or monthly.
(b)  A municipally owned utility that provides nonsubmetered master metered utility service to a recreational vehicle park shall determine the rates for that service on the same basis the utility uses to determine the rates for other commercial businesses that serve transient customers and receive nonsubmetered master metered utility service from the utility.
(b-1)  A municipally owned utility that provides nonsubmetered master metered utility service to a recreational vehicle park may not charge a recreational vehicle park a fee that the utility does not charge other commercial businesses that serve transient customers and receive nonsubmetered master metered utility service from the utility.
(c)  Notwithstanding any other provision of this chapter, the utility commission has jurisdiction to enforce this section.
Added by Acts 2005, 79th Leg., Ch. 523 (H.B. 841), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.21, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 21, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 6, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 991 (H.B. 2152), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter D. Municipalities and Counties › Section 13.088. Municipal Fees for Public School Districts

Sec. 13.088.  MUNICIPAL FEES FOR PUBLIC SCHOOL DISTRICTS.  A municipally owned utility that provides retail water or sewer utility service to a public school district may not charge the district a fee based on the number of district students or employees in addition to the rates the utility charges the district for the service.
Added by Acts 2017, 85th Leg., R.S., Ch. 849 (H.B. 2369), Sec. 4, eff. June 15, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.132. Powers of Utility Commission

Sec. 13.132.  POWERS OF UTILITY COMMISSION.  (a)  The utility commission may:
(1)  require that water and sewer utilities report to it any information relating to themselves and affiliated interests both inside and outside this state that it considers useful in the administration of this chapter, including any information relating to a transaction between the utility and an affiliated interest inside or outside this state, to the extent that the transaction is subject to the utility commission's jurisdiction;
(2)  establish forms for all reports;
(3)  determine the time for reports and the frequency with which any reports are to be made;
(4)  require that any reports be made under oath;
(5)  require that a copy of any contract or arrangement between any utility and any affiliated interest be filed with it and require that such a contract or arrangement that is not in writing be reduced to writing;
(6)  require that a copy of any report filed with any federal agency or any governmental agency or body of any other state be filed with it; and
(7)  require that a copy of annual reports showing all payments of compensation, other than salary or wages subject to the withholding of federal income tax, made to residents of Texas, or with respect to legal, administrative, or legislative matters in Texas, or for representation before the Texas Legislature or any governmental agency or body be filed with it.
(b)  On the request of the governing body of any municipality, the utility commission may provide sufficient staff members to advise and consult with the municipality on any pending matter.
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. 2.23, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 23, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.1325. Electronic Copies of Rate Information

Sec. 13.1325.  ELECTRONIC COPIES OF RATE INFORMATION.  On request, the utility commission shall provide, at a reasonable cost, electronic copies of or Internet access to all information provided to the utility commission under Sections 13.016 and 13.043 and Subchapter F to the extent that the information is available and is not confidential.  Copies of all information provided to the utility commission shall be provided to the Office of Public Utility Counsel, on request, at no cost to the office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 7.01, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.24, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 24, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.133. Inspections; Examination Under Oath; Compelling Production of Records; Inquiry Into Management and Affairs

Sec. 13.133.  INSPECTIONS;  EXAMINATION UNDER OATH;  COMPELLING PRODUCTION OF RECORDS;  INQUIRY INTO MANAGEMENT AND AFFAIRS.  (a)  Any regulatory authority and, when authorized by the regulatory authority, its counsel, agents, and employees may, at reasonable times and for reasonable purposes, inspect and obtain copies of the papers, books, accounts, documents, and other business records and inspect the plant, equipment, and other property of any utility within its jurisdiction.  The regulatory authority may examine under oath or may authorize the person conducting the investigation to examine under oath any officer, agent, or employee of any utility in connection with the investigation.
(b)  The regulatory authority may require, by order or subpoena served on any utility, the production within this state at the time and place it may designate of any books, accounts, papers, or records kept by that utility outside the state or verified copies of them if the regulatory authority so orders.  A utility failing or refusing to comply with such an order or subpoena violates this chapter.
(c)  A member, agent, or employee of the regulatory authority may enter the premises occupied by a utility to make inspections, examinations, and tests and to exercise any authority provided by this chapter.
(d)  A member, agent, or employee of the regulatory authority may act under this section only during reasonable hours and after giving reasonable notice to the utility.
(e)  The utility is entitled to be represented when inspections, examinations, and tests are made on its premises.  Reasonable time for the utility to secure a representative shall be allowed before beginning an inspection, examination, or test.
(f)  The regulatory authority may inquire into the management and affairs of all utilities and shall keep itself informed as to the manner and method in which they are conducted and may obtain all information to enable it to perform management audits.  The utility shall report to the regulatory authority on the status of the implementation of the recommendations of the audit and shall file subsequent reports at the times the regulatory authority considers appropriate.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 11, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.25, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 25, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.134. Report of Advertising or Public Relations Expenses

Sec. 13.134.  REPORT OF ADVERTISING OR PUBLIC RELATIONS EXPENSES.  (a)  The regulatory authority may require an annual report from each utility company of all its expenditures for business gifts and entertainment and institutional, consumption-inducing, and other advertising or public relations expenses.
(b)  The regulatory authority shall not allow as costs or expenses for ratemaking purposes any of the expenditures that the regulatory authority determines not to be in the public interest.  The cost of legislative advocacy expenses shall not in any case be allowed as costs or expenses for ratemaking purposes.
(c)  Reasonable charitable or civic contributions may be allowed not to exceed the amount approved by the regulatory authority.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.135. Unlawful Rates, Rules, and Regulations

Sec. 13.135.  UNLAWFUL RATES, RULES, AND REGULATIONS.  A utility may not charge, collect, or receive any rate for utility service or impose any rule or regulation other than as provided in this chapter.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.136. Filing Tariffs of Rates, Rules, and Regulations; Annual Financial Report

Sec. 13.136.  FILING TARIFFS OF RATES, RULES, AND REGULATIONS;  ANNUAL FINANCIAL REPORT.  (a)  Every utility shall file with each regulatory authority tariffs showing all rates that are subject to the original or appellate jurisdiction of the regulatory authority and that are in force at the time for any utility service, product, or commodity offered.  Every utility shall file with and as a part of those tariffs all rules and regulations relating to or affecting the rates, utility service, product, or commodity furnished.
(b)  The utility commission by rule shall require each utility to annually file a service, financial, and normalized earnings report in a form and at times specified by utility commission rule.  The report must include information sufficient to enable the utility commission to properly monitor utilities in this state.  The utility commission shall make available to the public information in the report the utility does not file as confidential.
(b-1)  The utility commission shall provide copies of a report described by Subsection (b) that include information filed as confidential to the Office of Public Utility Counsel on request, at no cost to the office.
(c)  Every water supply or sewer service corporation shall file with the utility commission tariffs showing all rates that are subject to the appellate jurisdiction of the utility commission and that are in force at the time for any utility service, product, or commodity offered.  Every water supply or sewer service corporation shall file with and as a part of those tariffs all rules and regulations relating to or affecting the rates, utility service, product, or commodity furnished.  The filing required under this subsection shall be for informational purposes only.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 8, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 12, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 678, Sec. 3, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.26, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 26, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.137. Office and Other Business Locations of Utility; Records; Removal From State

Sec. 13.137.  OFFICE AND OTHER BUSINESS LOCATIONS OF UTILITY; RECORDS; REMOVAL FROM STATE.  (a)  Every utility shall:
(1)  make available and notify its customers of a business location where its customers may make payments to prevent disconnection of or to restore service:
(A)  in each county in which the utility provides service; or
(B)  not more than 20 miles from the residence of any residential customer if there is no location to receive payments in the county; and
(2)  have an office in a county of this state or in the immediate area in which its property or some part of its property is located in which it shall keep all books, accounts, records, and memoranda required by the utility commission to be kept in this state.
(b)  The utility commission by rule may provide for waiving the requirements of Subsection (a)(1) for a utility for which meeting those requirements would cause a rate increase or otherwise harm or inconvenience customers.  The rules must provide for an additional 14 days to be given for a customer to pay before a utility that is granted a waiver may disconnect service for late payment.
(c)  Books, accounts, records, or memoranda required by the regulatory authority to be kept in the state may not be removed from the state, except on conditions prescribed by the utility 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. 13, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 966, Sec. 10.01, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.27, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 27, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.138. Communications by Utilities With Regulatory Authority; Regulations and Records

Sec. 13.138.  COMMUNICATIONS BY UTILITIES WITH REGULATORY AUTHORITY;  REGULATIONS AND RECORDS.  The regulatory authority may prescribe regulations governing communications by utilities and their affiliates and their representatives with the regulatory authority or any member or employee of the regulatory authority.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 567, Sec. 14, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.140. Examination and Test of Equipment

Sec. 13.140.  EXAMINATION AND TEST OF EQUIPMENT.  (a)  The regulatory authority may examine and test any meter, instrument, or equipment used for the measurement of service of any utility and may enter any premises occupied by any utility for the purpose of making the examinations and tests and exercising any power provided for in this chapter and may set up and use on those premises any apparatus and appliances necessary for those purposes.  The utility may be represented at the making of the examinations, tests, and inspections.
(b)  The utility and its officers and employees shall facilitate the examinations, tests, and inspections by giving every reasonable aid to the regulatory authority and any person or persons designated by the regulatory authority for those duties.
(c)  Any consumer or user may have a meter or measuring device tested by the utility once without charge after a reasonable period to be fixed by the regulatory authority by rule and at shorter intervals on payment of reasonable fees fixed by the regulatory authority.  The regulatory authority shall declare and establish reasonable fees to be paid for other examining and testing of those meters and other measuring devices on the request of the consumer.
(d)  If the test is requested to be made within the period of presumed accuracy as fixed by the regulatory authority since the last test of the same meter or other measuring device, the fee to be paid by the consumer or user at the time of his request shall be refunded to the consumer or user if the meter or measuring device is found unreasonably defective or incorrect to the substantial disadvantage of the consumer or user.  If the consumer's request is made at a time beyond the period of presumed accuracy fixed by the regulatory authority since the last test of the same meter or measuring device, the utility shall make the test without charge to the consumer or user.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.141. Billing for Service to State

Sec. 13.141.  BILLING FOR SERVICE TO STATE.  A utility, utility owned by an affected county, or municipally owned utility may not bill or otherwise require the state or a state agency or institution to pay for service before the service is rendered.
Added by Acts 1993, 73rd Leg., ch. 660, Sec. 7, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 979, Sec. 12, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.142. Time of Payment of Utility Bills by State

Sec. 13.142.  TIME OF PAYMENT OF UTILITY BILLS BY STATE.  (a)  In this section, "utility" includes a municipally owned utility.
(b)  The utility commission shall adopt rules concerning payment of utility bills that are consistent with Chapter 2251, Government Code.
(c)  This Act does not prohibit a utility from entering into an agreement with the state or a state agency to establish a levelized or average monthly service billing plan.  The agreement must require reconciliation of the levelized or equalized bills quarterly.
Added by Acts 1993, 73rd Leg., ch. 660, Sec. 7, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(7), eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.31, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 31, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.143. Voluntary Contributions

Sec. 13.143.  VOLUNTARY CONTRIBUTIONS.  (a)  A utility may implement as part of its billing process a program under which the utility collects from its customers a voluntary contribution, including a voluntary membership or subscription fee, on behalf of a local library, a volunteer fire department, or an emergency medical service.
(b)  A utility that collects contributions under this section shall provide each customer at the time that the customer first becomes a customer, and at least annually thereafter, a written statement:
(1)  describing the procedure by which the customer may make a contribution with the customer's bill payment;
(2)  designating the local library, volunteer fire department, or emergency medical service to which the utility will deliver the contribution;
(3)  informing the customer that a contribution is voluntary; and
(4)  describing the deductibility status of the contribution under federal income tax law.
(c)  A billing by the utility that includes a voluntary contribution under this section must clearly state that the contribution is voluntary and that it may be deducted from the billed amount.
(d)  The utility shall promptly deliver contributions that it collects under this section to the designated local library, volunteer fire department, or emergency medical service, except that the utility may keep from the contributions an amount equal to the lesser of:
(1)  the utility's expenses in administering the contribution program; or
(2)  five percent of the amount collected as contributions.
(e)  Amounts collected under this section are not rates and are not subject to regulatory assessments, late payment penalties, or other utility-related fees and are not required to be shown in tariffs filed with the regulatory authority.
Added by Acts 1997, 75th Leg., ch. 409, Sec. 1, eff. May 28, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 263 (H.B. 693), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.144. Notice of Wholesale Water Supply Contract

Sec. 13.144.  NOTICE OF WHOLESALE WATER SUPPLY CONTRACT.  A district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a retail public utility, a wholesale water service, or other person providing a retail public utility with a wholesale water supply shall provide the utility commission and the commission with a certified copy of any wholesale water supply contract with a retail public utility within 30 days after the date of the execution of the contract.  The submission must include the amount of water being supplied, term of the contract, consideration being given for the water, purpose of use, location of use, source of supply, point of delivery, limitations on the reuse of water, a disclosure of any affiliated interest between the parties to the contract, and any other condition or agreement relating to the contract.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 5.13, eff. Sept. 1, 1997.  Renumbered from Sec. 13.143 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(110), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 10.02, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.32, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 32, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.146. Water Conservation Plan

Sec. 13.146.  WATER CONSERVATION PLAN.  The commission shall require a retail public utility that provides potable water service to 3,300 or more connections to:
(1)  submit to the executive administrator of the board a water conservation plan based on specific targets and goals developed by the retail public utility and using appropriate best management practices, as defined by Section 11.002, or other water conservation strategies;
(2)  designate a person as the water conservation coordinator responsible for implementing the water conservation plan; and
(3)  identify, in writing, the water conservation coordinator to the executive administrator of the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 6, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 146 (H.B. 1648), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.1461. Correctional Facility Compliance With Conservation Measures

Sec. 13.1461.  CORRECTIONAL FACILITY COMPLIANCE WITH CONSERVATION MEASURES.  (a)  This section applies only to a correctional facility operated by the Texas Department of Criminal Justice or operated under contract with that department.
(b)  Except as provided by Subsection (c), a retail public utility may require the operator of a correctional facility that receives retail water or sewer utility service from the retail public utility to comply with water conservation measures adopted or implemented by the retail public utility.
(c)  A correctional facility is not required to comply with a water conservation measure under Subsection (b) if the operator of the correctional facility submits to the retail public utility a written statement from the Texas Department of Criminal Justice that states that the measure would endanger health and safety at the facility or unreasonably increase the costs of operating the facility.
(d)  If a retail public utility suspends a water conservation measure and later implements the same measure, the operator of a correctional facility that received an exemption from the original measure under Subsection (c) must submit a new written statement from the Texas Department of Criminal Justice to obtain an exemption under Subsection (c) from the newly implemented measure.
Added by Acts 2017, 85th Leg., R.S., Ch. 248 (H.B. 965), Sec. 1, eff. May 29, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.147. Consolidated Billing and Collection Contracts

Sec. 13.147.  CONSOLIDATED BILLING AND COLLECTION CONTRACTS.  (a)  A retail public utility providing water service may contract with a retail public utility providing sewer service to bill and collect the sewer service provider's fees and payments as part of a consolidated process with the billing and collection of the water service provider's fees and payments.  The water service provider may provide that service only for customers who are served by both providers in an area covered by both providers' certificates of public convenience and necessity.  If the water service provider refuses to enter into a contract under this section or if the water service provider and sewer service provider cannot agree on the terms of a contract, the sewer service provider may petition the utility commission to issue an order requiring the water service provider to provide that service.
(b)  A contract or order under this section must provide procedures and deadlines for submitting billing and customer information to the water service provider and for the delivery of collected fees and payments to the sewer service provider.
(c)  A contract or order under this section may require or permit a water service provider that provides consolidated billing and collection of fees and payments to:
(1)  terminate the water services of a person whose sewage services account is in arrears for nonpayment; and
(2)  charge a customer a reconnection fee if the customer's water service is terminated for nonpayment of the customer's sewage services account.
(d)  A water service provider that provides consolidated billing and collection of fees and payments may impose on each sewer service provider customer a reasonable fee to recover costs associated with providing consolidated billing and collection of fees and payments for sewage services.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.06, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.33, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 33, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.148. Water Shortage Report

Sec. 13.148.  WATER SHORTAGE REPORT.  (a)  A retail public utility and each entity from which the utility is obtaining wholesale water service for the utility's retail system shall notify the commission when the utility or entity is reasonably certain that the water supply will be available for less than 180 days.
(b)  The commission shall adopt rules to implement this section and prescribe the form and content of notice required under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 234 (H.B. 252), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.149. Notification of Water Loss

Sec. 13.149.  NOTIFICATION OF WATER LOSS.  (a)  The commission by rule shall require a retail public utility that files a water audit required by Section 16.0121 to notify each of the utility's customers of the water loss reported in the water audit.
(b)  A retail public utility shall provide the notice required under Subsection (a) on or with:
(1)  the utility's next annual consumer confidence report delivered after the water audit is filed; or
(2)  the next bill the customer receives after the water audit is filed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 305 (H.B. 1461), Sec. 1, eff. September 1, 2013.
Redesignated from Water Code, Section 13.148 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(69), eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.150. Reports Required for Water and Sewer Utilities

Sec. 13.150.  REPORTS REQUIRED FOR WATER AND SEWER UTILITIES.  (a)  This section applies only to a utility that provides retail water or sewer utility service through fewer than 10,000 taps or connections.
(b)  Except as provided by Subsection (c), a utility shall deliver to the utility commission a report of the utility's financial, managerial, and technical capacity to provide continuous and adequate service to its customers not later than the third anniversary of the date that the utility violates a final order of the commission by failing to:
(1)  provide system capacity that is greater than the required raw water or groundwater production rate or the anticipated daily demand of the system;
(2)  provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; or
(3)  maintain accurate or properly calibrated testing equipment or other means of monitoring the effectiveness of a chemical treatment or pathogen inactivation or removal process.
(c)  A utility that has an existing obligation to deliver a report under Subsection (b) is not required to deliver another report as a result of the occurrence of an event described by Subsection (b) if the event occurs before the date that the utility delivers the report required by Subsection (b).
(d)  On receiving notice that a utility has violated an order described by Subsection (b), the commission shall provide written notice of the violation to the utility commission.
(e)  The utility commission shall deliver a copy of a report received under Subsection (b) to:
(1)  each state senator representing a district that contains a portion of the service area of the utility that submitted the report; and
(2)  each state representative representing a district that contains a portion of the service area of the utility that submitted the report.
(f)  If a utility fails to deliver a report in accordance with Subsection (b), the utility commission shall report the failure to:
(1)  the commission;
(2)  each state senator representing a district that contains a portion of the utility's service area; and
(3)  each state representative representing a district that contains a portion of the utility's service area.
Added by Acts 2019, 86th Leg., R.S., Ch. 545 (H.B. 3542), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.151. Billing for Services Provided During Extreme Weather Emergency

Sec. 13.151.  BILLING FOR SERVICES PROVIDED DURING EXTREME WEATHER EMERGENCY.  (a)  In this section, "extreme weather emergency" means a period when the previous day's highest temperature did not exceed 28 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports.
(b)  A retail public utility that is required to possess a certificate of public convenience and necessity or a district or affected county that furnishes retail water or sewer utility service shall not impose late fees or disconnect service for nonpayment of bills that are due during an extreme weather emergency until after the emergency is over and shall work with customers that request to establish a payment schedule for unpaid bills that are due during the extreme weather emergency.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 30, eff. June 8, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter E. Records, Reports, Inspections, Rates, and Services › Section 13.152. Initiation, Transfer, or Termination of Service

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 163 (S.B. 1778), Sec. 1
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 340 (S.B. 594), Sec. 2, see other Sec. 13.152.
Sec. 13.152.  INITIATION, TRANSFER, OR TERMINATION OF SERVICE.  A retail public utility may initiate, transfer, or terminate a customer's retail water or sewer service on receipt of a customer request by mail, by telephone, through an Internet website, or through another electronic transmission.
Added by Acts 2023, 88th Leg., R.S., Ch. 163 (S.B. 1778), Sec. 1, eff. September 1, 2023.