2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle B - Water Rights › Chapter 13 - Water Rates and Services › Subchapter C. Jurisdiction › Section 13.041. General Powers of Utility Commission and Commission; Rules; Hearings

Sec. 13.041.  GENERAL POWERS OF UTILITY COMMISSION AND COMMISSION; RULES; HEARINGS.  (a)  The utility commission may regulate and supervise the business of each water and sewer utility within its jurisdiction, including ratemaking and other economic regulation.  The commission may regulate water and sewer utilities within its jurisdiction to ensure safe drinking water and environmental protection.  The utility commission and the commission may do all things, whether specifically designated in this chapter or implied in this chapter, necessary and convenient to the exercise of these powers and jurisdiction.  The utility commission may consult with the commission as necessary in carrying out its duties related to the regulation of water and sewer utilities.
(b)  The commission and the utility commission shall adopt and enforce rules reasonably required in the exercise of powers and jurisdiction of each agency, including rules governing practice and procedure before the commission and the utility commission.
(c)  The commission and the utility commission may call and hold hearings, administer oaths, receive evidence at hearings, issue subpoenas to compel the attendance of witnesses and the production of papers and documents, and make findings of fact and decisions with respect to administering this chapter or the rules, orders, or other actions of the commission or the utility commission.
(c-1)  In addition to the powers and duties of the State Office of Administrative Hearings under Title 2, Utilities Code, the utility commission may delegate to an administrative law judge of the State Office of Administrative Hearings the responsibility and authority to issue interlocutory orders related to interim rates under this chapter.
(d)  In accordance with Subchapter K-1, the utility commission may issue emergency orders, with or without a hearing:
(1)  to compel a retail public utility that has obtained or is required to obtain a certificate of public convenience and necessity to provide continuous and adequate water service, sewer service, or both, if the discontinuance of the service is imminent or has occurred because of the retail public utility's actions or failure to act; and
(2)  to compel a retail public utility to provide an emergency interconnection with a neighboring retail public utility for the provision of temporary water or sewer service, or both, for not more than 90 days if service discontinuance or serious impairment in service is imminent or has occurred.
(e)  The utility commission may establish reasonable compensation for the temporary service required under Subsection (d)(2) and may allow the retail public utility receiving the service to make a temporary adjustment to its rate structure to ensure proper payment.
(f)  If an order is issued under Subsection (d) without a hearing, the order shall fix a time, as soon after the emergency order is issued as is practicable, and place for a hearing to be held before the utility commission.
(g)  The regulatory assessment required by Section 5.701(n) is not a rate and is not reviewable by the utility commission under Section 13.043.  The commission has the authority to enforce payment and collection of the regulatory assessment.
(h)  In accordance with Subchapter L, Chapter 5, the commission may issue emergency orders, with or without a hearing:
(1)  to compel a retail public utility that has obtained a certificate of public convenience and necessity to provide water or sewer service, or both, that complies with all statutory and regulatory requirements of the commission if necessary to ensure safe drinking water or environmental protection; and
(2)  to compel a retail public utility to provide an emergency interconnection with a neighboring retail public utility for the provision of temporary water or sewer service, or both, for not more than 90 days if necessary to ensure safe drinking water or environmental protection.
(i)  On request by the commission, the utility commission may, on an expedited basis, establish reasonable compensation for the temporary service required under Subsection (h)(2) and may allow the retail public utility receiving the service to make a temporary adjustment to its rate structure to ensure proper payment.
(j)  If an order is issued under Subsection (h) without a hearing, notice of a hearing under Section 5.504 to affirm, modify, or set aside the order is adequate if the notice is mailed or hand delivered to the last known address of the retail public utility's headquarters.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 539, Sec. 5, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 567, Sec. 4, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 4.02, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.13, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 13, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 3, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 967 (S.B. 700), Sec. 2, eff. September 1, 2019.