reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter F - CUSTOMER SERVICE AND PROTECTION › Section 24.161 - Response to Requests for Service by a Retail Public Utility Within Its Certificated Area

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided for in subsection (e) of this section, every retail public utility
				  shall serve each qualified service applicant within its certificated area as
				  soon as is practical after receiving a completed application. A qualified
				  service applicant is an applicant who has met all of the retail public
				  utility's requirements contained in its tariff, schedule of rates, or service
				  policies and regulations for extension of service including the delivery to the
				  retail public utility of any service connection inspection certificates
				  required by law.
(1) Where a new service tap
				  is required, the retail public utility may require that the property owner make
				  the request for the tap to be installed.
(2) Upon request for service by a service
				  applicant, the retail public utility shall make available and accept a
				  completed written application for service.
(3) Except for good cause, at a location
				  where service has previously been provided the utility must reconnect service
				  within one working day after the applicant has submitted a completed
				  application for service and met any other requirements in the utility's
				  approved tariff.
(4) A request for
				  service that requires a tap but does not require line extensions, construction,
				  or new facilities shall be filled within five working days after a completed
				  service application has been accepted.
(5) If construction is required to fill the
				  order and if it cannot be completed within 30 days, the retail public utility
				  shall provide a written explanation of the construction required and an
				  expected date of service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter F - CUSTOMER SERVICE AND PROTECTION › Section 24.163 - Service Connections

Current through Reg. 49, No. 28; July 12, 2024
(a) Water Service
				  Connections.
(1) Tap Fees. The fees for
				  initiation of service, where no service previously existed, shall be in
				  accordance with the following:
(A) The fee
				  charged by a utility for connecting a residential service applicant's premises
				  to the system shall be as stated on the approved tariff. In determining the
				  reasonableness of a tap fee, the commission will consider the actual costs of
				  materials, labor, and administrative costs for such service connections and
				  road construction or impact fees charged by authorities with control of road
				  use if typically incurred and may allow a reasonable estimate of tax
				  liabilities. The commission may limit the tap fee to an amount equal to the
				  average costs incurred by the utility.
(B) Whether listed on the utility's approved
				  tariff or not, the tap fee charged for all service connections requiring meters
				  larger than 3/4 inch shall be limited to the actual cost of materials, labor
				  and administrative costs for making the individual service connection and road
				  construction or impact fees charged by authorities with control of road use and
				  a reasonable estimate of tax liabilities. The service applicant shall be given
				  an itemized statement of the costs.
(C) An additional fee may be charged to a
				  residential service applicant, if stated on the approved tariff, for a tap
				  expense not normally incurred; for example, a road bore for customers outside
				  of subdivisions or residential areas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter F - CUSTOMER SERVICE AND PROTECTION › Section 24.165 - Billing

Current through Reg. 49, No. 28; July 12, 2024
(a) Authorized rates. Bills must be
				  calculated according to the rates approved by the regulatory authority and
				  listed on the utility's approved tariff. Unless specifically authorized by the
				  commission, a utility may not apply a metered rate to customers in a
				  subdivision or geographically defined area unless all customers in the
				  subdivision or geographically defined area are metered.
(b) Due date.
(1) The due date of the bill for utility
				  service may not be less than 16 days after issuance unless the customer is a
				  state agency. If the customer is a state agency, the due date for the bill may
				  not be less than 30 days after issuance unless otherwise agreed to by the state
				  agency. The postmark on the bill or the recorded date of mailing by the utility
				  if there is no postmark on the bill, constitutes proof of the date of issuance.
				  Payment for utility service is delinquent if the full payment, including late
				  fees and regulatory assessments, is not received at the utility or at the
				  utility's authorized payment agency by 5:00 p.m. on the due date. If the due
				  date falls on a holiday or weekend, the due date for payment purposes is the
				  next work day after the due date.
(2) If a utility has been granted an
				  exception to the requirements for a local office in accordance with §
											RSA
				  24.153<subdiv>(d)(3)</subdiv> of
				  this title (relating to Customer Relations), the due date of the bill for
				  utility service may not be less than 30 days after
				  issuance.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter F - CUSTOMER SERVICE AND PROTECTION › Section 24.167 - Discontinuance of Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Disconnection
				  with notice.
(1) Notice requirements. Proper
				  notice shall consist of a separate written statement which a utility must mail
				  or hand deliver to a customer before service may be disconnected. The notice
				  must be provided in English and Spanish if necessary to adequately inform the
				  customer and must include the following information:
(A) the words "termination notice" or similar
				  language approved by the commission written in a way to stand out from other
				  information on the notice;
(B) the
				  action required to avoid disconnection, such as paying past due service
				  charges;
(C) the date by which the
				  required action must be completed to avoid disconnection. This date must be at
				  least ten days from the date the notice is provided unless a shorter time is
				  authorized by the commission;
(D)
				  the intended date of disconnection;
(E) the office hours, telephone number, and
				  address of the utility's local office;
(F) the total past due charges;
(G) all reconnect fees that will be required
				  to restore water or sewer service if service is disconnected.
(H) if notice is provided by a sewer service
				  provider under subsection (e) of this section, the notice must also state:
(i) that failure to pay past due sewer
				  charges will result in termination of water service; and
(ii) that water service will not be
				  reconnected until all past due and currently due sewer service charges and the
				  sewer reconnect fee are paid.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter F - CUSTOMER SERVICE AND PROTECTION › Section 24.169 - Meters

Current through Reg. 49, No. 28; July 12, 2024
(a) Meter requirements.
(1) Use of meter. All charges for water
				  service shall be based on meter measurements, except where otherwise authorized
				  in the utility's approved tariff.
(2) Installation by utility. Unless otherwise
				  authorized by the commission, each utility shall provide, install, own and
				  maintain all meters necessary for the measurement of water provided to its
				  customers.
(3) Standard type. No
				  utility shall furnish, set up, or put in use any meter which is not reliable
				  and of a standard type which meets industry standards; provided, however,
				  special meters not necessarily conforming to such standard types may be used
				  for investigation or experimental purposes.
(4) One meter is required for each
				  residential, commercial, or industrial service connection. An apartment
				  building, condominium, manufactured housing community, or mobile home park may
				  be considered by the utility to be a single commercial facility for the purpose
				  of these sections. The commission may grant an exception to the individual
				  meter requirement if the plumbing of an existing multiple use or multiple
				  occupant building would prohibit the installation of individual meters at a
				  reasonable cost or would result in unreasonable disruption of the customary use
				  of the property.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter F - CUSTOMER SERVICE AND PROTECTION › Section 24.171 - Continuity of Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Service
				  interruptions.
(1) Every utility or water
				  supply or sewer service corporation shall make all reasonable efforts to
				  prevent interruptions of service. When interruptions occur, the utility shall
				  reestablish service within the shortest possible time.
(2) Each utility shall make reasonable
				  provisions to meet emergencies resulting from failure of service, and each
				  utility shall issue instructions to its employees covering procedures to be
				  followed in the event of emergency in order to prevent or mitigate interruption
				  or impairment of service.
(3) In
				  the event of national emergency or local disaster resulting in disruption of
				  normal service, the utility may, in the public interest, interrupt service to
				  other customers to provide necessary service to civil defense or other
				  emergency service agencies on a temporary basis until normal service to these
				  agencies can be restored.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter F - CUSTOMER SERVICE AND PROTECTION › Section 24.173 - Late Fees and Disconnections During an Extreme Weather Emergency for Nonpayment

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to a retail public utility that is required to possess a
				  certificate of convenience and necessity to provide retail water or sewer
				  utility service under §
										24.225
				  of this title, (relating to Certificate of Convenience and Necessity (CCN)
				  Required) an affiliate of such a retail public utility, and a district or
				  affected county that provides retail water or sewer utility service.
(b) Definitions. The following words and
				  terms, when used in this section, have the following meanings, unless the
				  context indicates otherwise:
(1) Affected
				  customer--a customer of an entity to which this section applies that receives
				  retail water or sewer service from that entity in an area experiencing an
				  extreme weather emergency and has a bill due during the extreme weather
				  emergency.
(2) Extreme weather
				  emergency--a period beginning when the previous day's highest temperature in an
				  area 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 for that area. For purposes of this section,
				  an extreme weather emergency is over on the second business day the temperature
				  exceeds 28 degrees Fahrenheit.
(3)
				  Payment schedule--an agreement between an entity to which this section applies
				  and an affected customer that allows the customer to pay, in one or more
				  installments, an unpaid bill due during an extreme weather emergency after its
				  due date.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter G - QUALITY OF SERVICE › Section 24.201 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Except where otherwise noted, this chapter applies to
					 retail public utilities as defined by §
										RSA
					 24.3 of this title (relating to Definitions
					 of Terms) which possess or are required to possess a Certificate of Convenience
					 and Necessity.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter G - QUALITY OF SERVICE › Section 24.203 - Requirements by Others

Current through Reg. 49, No. 28; July 12, 2024
(a) The application
				  of commission rules shall not relieve the retail public utility from abiding by
				  the requirements of the laws and regulations of the state, local department of
				  health, local ordinances, and all other regulatory agencies having jurisdiction
				  over such matters.
(b) The
				  commission's rules in this chapter relating to rates, records and reporting,
				  customer service and protection and quality of service shall apply to utilities
				  operating within the corporate limits of a municipality exercising original
				  rate jurisdiction, unless the municipality adopts its own rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter G - QUALITY OF SERVICE › Section 24.207 - Adequacy of Sewer Service

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Sufficiency of service. Each retail public utility shall plan, furnish,
				  operate, and maintain collection, treatment, and disposal facilities to
				  collect, treat and dispose of waterborne human waste and waste from domestic
				  activities such as washing, bathing, and food preparation. These facilities
				  must be of sufficient size to meet TCEQ's minimum design criteria for
				  wastewater facilities for all normal demands for service and provide a
				  reasonable reserve for emergencies. Unless specifically authorized in a written
				  service agreement, a retail public utility is not required to receive, treat
				  and dispose of waste with high biological oxygen demand (BOD) or total
				  suspended solids (TSS) characteristics that cannot be reasonably processed, or
				  storm water, run-off water, food or food scraps not previously processed by a
				  grinder or similar garbage disposal unit, grease or oils, except as incidental
				  waste in the process or wash water used in or resulting from food preparation
				  by sewer utility customers engaged in the preparation and/or processing of food
				  for domestic consumption or sale to the public. Grease and oils from grease
				  traps or other grease and/or oil storage containers shall not be placed in the
				  wastewater system.
(b) Sufficiency
				  of treatment. Each retail public utility shall maintain and operate treatment
				  facilities of adequate size and properly equipped to treat sewage and discharge
				  the effluent at the quality required by the laws and regulations of the State
				  of Texas.
(c) Maintenance of
				  facilities.
(1) The retail public utility
				  shall maintain its collection system and appurtenances to minimize
				  blockages.
(2) If the utility
				  retains ownership of receiving tanks located on the customer's property or
				  other facilities and appurtenances, it is the utility's responsibility and
				  liability to perform routine maintenance and repair.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter G - QUALITY OF SERVICE › Section 24.209 - Standards of Construction

Current through Reg. 49, No. 28; July 12, 2024
In determining standard practice, the commission will be
					 guided by the provisions of the American Water Works Association, and such
					 other codes and standards that are generally accepted by the industry, except
					 as modified by this commission, or municipal regulations within their
					 jurisdiction. Each system shall construct, install, operate, and maintain its
					 plant, structures, equipment, and lines in accordance with these standards, and
					 in such manner to best accommodate the public, and to prevent interference with
					 service furnished by other retail public utilities insofar as
					 practical.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.225 - Certificate of Convenience and Necessity Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specified, a utility or
				  a water supply or sewer service corporation may not in any way provide retail
				  water or sewer utility service directly or indirectly to the public without
				  first having obtained from the commission a certificate of convenience and
				  necessity (CCN). Except as otherwise provided by this subchapter, a retail
				  public utility may not provide, make available, or extend retail water or sewer
				  utility service to any area to which retail water or sewer utility service is
				  being lawfully provided by another retail public utility without first
				  obtaining a CCN that includes the area in which the consuming facility is
				  located.
(b) A district may not
				  provide services within the certificated service area of a retail public
				  utility or within the boundaries of another district without the retail public
				  utility's or district's consent, unless the district has a CCN to provide
				  retail water or sewer utility service to that area.
(c) Except as otherwise provided by this
				  subchapter, a retail public utility may not provide retail water or sewer
				  utility service within the boundaries of a district that provides the same type
				  of retail water or sewer utility service without the district's consent, unless
				  the retail public utility has a CCN to provide retail water or sewer utility
				  service to that area.
(d) A person
				  that is not a retail public utility, a utility, or a water supply or sewer
				  service corporation that is operating under provisions in accordance with TWC
				  §13.242(c) may not construct facilities to provide retail water or sewer
				  utility service to more than one service connection that is not on the property
				  owned by the person and that is within the certificated service area of a
				  retail public utility without first obtaining written consent from the retail
				  public utility.
(e) A supplier of
				  wholesale water or sewer service may not require a purchaser to obtain a CCN if
				  the purchaser is not otherwise required by this chapter to obtain a
				  CCN.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.227 - Criteria for Granting or Amending a Certificate of Convenience and Necessity

Current through Reg. 49, No. 28; July 12, 2024
(a) In determining
				  whether to grant or amend a certificate of convenience and necessity (CCN), the
				  commission will ensure that the applicant possesses the financial, managerial,
				  and technical capability to provide continuous and adequate service.
(1) For retail water utility service, the
				  commission will ensure that the applicant has:
(A) a public water system approved by the
				  Texas Commission on Environmental Quality (TCEQ) that is capable of providing
				  drinking water that meets the requirements of Texas Health and Safety Code,
				  chapter 341, TCEQ rules, and the TWC; and
(B) access to an adequate supply of water or
				  a long-term contract for purchased water with an entity whose system meets the
				  requirement of paragraph (1)(A) of this subsection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.229 - Certificate of Convenience and Necessity Not Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Extension of Service.
(1) Except for a utility or water supply or
				  sewer service corporation that possesses a facilities-only certificate of
				  convenience and necessity (CCN), a retail public utility is not required to
				  obtain a CCN for:
(A) an extension into
				  territory contiguous to that already served by the retail public utility if:
(i) the point of ultimate use is within one
				  quarter mile of the outer boundary of its existing certificated service
				  area;
(ii) the area is not
				  receiving similar service from another retail public utility; and
(iii) the area is not located inside another
				  retail public utility's certificated service area; or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.231 - Applicant

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the responsibility of the owner of
				  the utility, the utility's designated representative or authorized agent, the
				  president of the board of directors or designated representative of the water
				  supply or sewer service corporation, affected county as defined in §
										RSA
				  24.3<subdiv>(4)</subdiv> of this
				  title (relating to Definitions of Terms), county, district, or municipality to
				  file an application for a certificate of convenience and necessity (CCN) with
				  the commission to obtain or amend a CCN.
(b) The applicant shall have the continuing
				  duty to submit information regarding any material change in the applicant's
				  financial, managerial, or technical status that arises during the application
				  review process.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.235 - Notice Requirements for Certificate of Convenience and Necessity Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
				  application to obtain or amend a certificate of convenience and necessity (CCN)
				  is filed, the applicant will prepare the notice prescribed in the commission's
				  application form, which will include the following:
(1) all information outlined in the
				  Administrative Procedure Act, Texas Government Code, Chapter 2001;
(2) all information listed in the
				  commission's instructions for completing a CCN application;
(3) the following statement: "Persons who
				  wish to intervene in the proceeding or comment upon action sought should
				  contact the Public Utility Commission, P.O. Box 13326, Austin, Texas
				  78711-3326, or call the Public Utility Commission at (512) 936-7120 or (888)
				  782-8477. Hearing- and speech-impaired individuals may contact the commission
				  through Relay Texas at 1-800-735-2989. The deadline for intervention in the
				  proceeding is (30 days from the mailing or publication of notice, whichever
				  occurs later, unless otherwise provided by the presiding officer). You must
				  send a letter requesting intervention to the commission which is received by
				  that date."; and
(4) except for
				  publication of notice, the notice must include a map showing the requested
				  area.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.237 - Action on Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may conduct a public hearing on any application.
(b) After proper notice, the commission may
				  take action on an uncontested application at any time after the later of the
				  expiration of the intervention period or for which all interventions are
				  subsequently withdrawn.
(c) If a
				  hearing is requested, the application will be processed in accordance with
				  Chapter 22 of this title (relating to Procedural Rules).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.238 - Fair Market Valuation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to a voluntary arm's length transaction
				  between an acquiring utility and a retail public utility under TWC §13.305
				  for which approval is required under TWC §13.301. This section does not
				  apply to a transaction between a utility and its affiliate.
(b) Definitions. In this section, the
				  following words and terms have the following meanings, unless the context
				  indicates otherwise.
(1) Acquiring utility --
				  A Class A or Class B utility that is acquiring a selling utility, or the
				  facilities of a selling utility.
(2) Allowance for funds used during
				  construction (AFUDC) -- An accounting practice that recognizes the capital
				  costs, including debt and equity funds, that are used to finance a transferee's
				  construction costs of an improvement to a purchased asset.
(3) Fair market value -- The average of the
				  three appraisals conducted under subsection (f) of this section.
(4) Ratemaking rate base -- The dollar value
				  of the selling utility or the sold facilities of a selling utility that is
				  incorporated into the rate base of the acquiring utility for post-acquisition
				  purposes. The ratemaking rate base is the lesser of the purchase price
				  negotiated by an acquiring utility and a selling utility or the fair market
				  value. The ratemaking rate base does not include transaction and closing
				  costs.
(5) Selling utility -- A
				  retail public utility that is being purchased by an acquiring utility or is
				  selling facilities to an acquiring utility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.239 - Sale, Transfer, Merger, Consolidation, Acquisition, Lease, or Rental

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. A
				  water supply or sewer service corporation or a water and sewer utility owned by
				  an entity required to possess a certificate of convenience and necessity (CCN)
				  must comply with this section. A municipality, district, or political
				  subdivision may, but is not required to, comply with this section.
(b) Notice and filing requirements for
				  approval of transaction. No later than 120 days before the effective date of
				  any sale, transfer, merger, consolidation, acquisition, lease, or rental, an
				  applicant must file an application with the commission and give public notice
				  of the transaction in accordance with this section. Notice is considered given
				  under this subsection on the later of:
(1) the
				  last date the applicant mailed the required notice as stated in the applicant's
				  affidavit of notice; or
(2) the
				  last date of the publication of the notice in the newspaper as stated in the
				  affidavit of publication, if required.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.240 - Water and Sewer Utility Rates After Acquisition

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to a
				  person who files an application with the commission under Texas Water Code
				  (TWC) §13.301(a) and a request for authorized acquisition rates under TWC
				  §13.3011. For purposes of this section, the term "transaction" is used to
				  align with its usage in the procedural provisions of §
										24.239 of this title (relating to
				  Sale, Transfer, Merger, Consolidation, Acquisition, Lease, or
				  Rental).
(b) Definitions. In this
				  section, the following definitions apply unless the context indicates
				  otherwise.
(1) Authorized acquisition
				  rates--Initial rates that are in force and shown in a tariff filed with a
				  regulatory authority for the transferee for another water or sewer system owned
				  by the transferee on the date an application is filed for the acquisition of a
				  water or sewer system under §
											24.239 of this title.
(2) Existing rates--Rates a transferor
				  charged its customers under a tariff filed with a regulatory authority prior to
				  the water system or sewer system being acquired.
(3) Initial rates--Rates charged by a
				  transferee to the customers of an acquired water or sewer system upon approval
				  of the transaction by the commission. An initial rate may be an existing rate,
				  an authorized acquisition rate, or a rate authorized by other applicable
				  law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.241 - Foreclosure and Bankruptcy

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  utility that is required by law to possess a certificate of convenience and
				  necessity (CCN) receives notice that all or a portion of the utility's or
				  system's facilities or property used to provide utility service is being posted
				  for foreclosure, the utility shall notify the commission in writing of that
				  fact and shall provide a copy of the foreclosure notice to the commission not
				  later than the tenth day after the date on which the retail public utility or
				  system receives the notice.
(b) A
				  person other than a financial institution that forecloses on facilities used to
				  provide utility service shall not charge or collect rates for providing retail
				  public water or sewer service unless the person has a completed application for
				  a CCN or to transfer the current CCN on file with the commission within 30 days
				  after the foreclosure is completed.
(c) 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 TWC §13.301, but shall provide written notice to the
				  commission before the 30th day preceding the date on which the foreclosure is
				  completed.
(d) The financial
				  institution may operate the utility for an interim period not to exceed 12
				  months before selling, transferring, merging, consolidating, acquiring,
				  leasing, or renting its facilities or otherwise obtaining a CCN unless the
				  commission in writing extends the time period for good cause shown. A financial
				  institution that operates a utility during an interim period under this
				  subsection is subject to each commission rule to which the utility was subject
				  and in the same manner.
(e) Not
				  later than the 48th hour after a retail public utility files a bankruptcy
				  petition, the retail public utility shall report this fact to the commission
				  and the TCEQ in writing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.243 - Purchase of Voting Stock or Acquisition of a Controlling Interest in a Utility

Current through Reg. 49, No. 28; July 12, 2024
(a) A utility may
				  not purchase voting stock, and a person may not acquire a controlling interest,
				  in a utility doing business in this state unless the utility or person files a
				  written application with the commission no later than the 61st day before the
				  date on which the transaction is to occur. A controlling interest is defined
				  as:
(1) a person or a combination of a person
				  and the person's family members that possess at least 50% of a utility's voting
				  stock; or
(2) a person that
				  controls at least 30% of a utility's voting stock and is the largest
				  stockholder.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.245 - Revocation of a Certificate of Convenience and Necessity or Amendment of a Certificate of Convenience and Necessity by Decertification, Expedited Release, or Streamlined Expedited Release

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to proceedings for revocation or amendment
				  by decertification, expedited release, or streamlined expedited release of a
				  certificate of convenience and necessity (CCN).
(b) Definitions. The following terms, when
				  used in this section, have the following meanings unless the context indicates
				  otherwise:
(1) Alternate retail public
				  utility -- The retail public utility from which a landowner plans to receive
				  service after the landowner obtains expedited release under subsection (f) of
				  this section.
(2) Amendment -- The
				  change of a CCN to remove a portion of a service area by decertification
				  amendment, expedited release, or streamlined expedited release.
(3) Current CCN holder -- An entity that
				  currently holds a CCN to provide service to an area for which revocation or
				  amendment is sought.
(4)
				  Decertification amendment -- A process by which a portion of a certificated
				  service area is removed from a CCN, other than expedited release or streamlined
				  expedited release.
(5) Expedited
				  Release -- Removal of a tract of land from a CCN area under Texas Water Code
				  (TWC) §13.254(a-1).
(6) Former
				  CCN holder -- An entity that formerly held a CCN to provide service to an area
				  that was removed from the entity's service area by revocation or
				  amendment.
(7) Landowner -- The
				  owner of a tract of land who files a petition for expedited release or
				  streamlined expedited release.
(8)
				  Prospective retail public utility -- A retail public utility seeking to provide
				  service to a removed area.
(9)
				  Removed area -- Area that will be or has been removed under this section from a
				  CCN.
(10) Streamlined Expedited
				  Release -- Removal of a tract of land from a CCN area under TWC
				  §13.2541.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.247 - Requirement to Provide Continuous and Adequate Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Any retail public utility which possesses
				  or is required by law to possess a certificate of convenience and necessity or
				  a person who possesses facilities used to provide utility service must provide
				  continuous and adequate service to every customer and every qualified applicant
				  for service whose primary point of use is within the certificated area and may
				  not discontinue, reduce or impair utility service except for:
(1) nonpayment of charges for services
				  provided by the certificate holder or a person who possesses facilities used to
				  provide utility service;
(2)
				  nonpayment of charges for sewer service provided by another retail public
				  utility under an agreement between the retail public utility and the
				  certificate holder or a person who possesses facilities used to provide utility
				  service or under a commission order;
(3) nonuse; or
(4) other similar reasons in the usual course
				  of business without conforming to the conditions, restrictions, and limitations
				  prescribed by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.249 - Cessation of Operations by a Retail Public Utility

Current through Reg. 49, No. 28; July 12, 2024
(a) Any retail public utility that possesses
				  or is required to possess a certificate of convenience and necessity (CCN) and
				  seeks to discontinue, reduce, or impair retail water or sewer utility service,
				  except under the conditions listed in TWC §13.250(b), must file a petition
				  with the commission which sets out the following:
(1) the action proposed by the retail public
				  utility;
(2) the proposed effective
				  date of the actions, which must be at least 120 days after the petition is
				  filed with the commission;
(3) a
				  concise statement of the reasons for proposing the action; and
(4) the part of the petitioner's service area
				  affected by the action, including maps as described by § 24.257 of this
				  title (relating to Mapping Requirements for Certificates of Convenience and
				  Necessity Applications).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.251 - Exclusiveness of Certificates

Current through Reg. 49, No. 28; July 12, 2024
Any certificate granted under this subchapter shall not be
					 construed to vest exclusive service or property rights in and to the area
					 certificated. The commission may grant, upon finding that the public
					 convenience and necessity requires additional certification to another retail
					 public utility or utilities, additional certification to any other retail
					 public utility or utilities to all or any part of the area previously
					 certificated pursuant to this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.253 - Contracts Valid and Enforceable

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  approved by the commission after notice and hearing, contracts between retail
				  public utilities designating areas to be served and customers to be served by
				  those retail public utilities are valid and enforceable and are incorporated
				  into the corresponding certificates of convenience and necessity (CCNs). This
				  section only applies to the transfer of certificated service area and customers
				  between existing CCN holders. Nothing in this provision negates the
				  requirements of TWC §13.301 to obtain a new CCN and document the transfer
				  of assets and facilities between retail public utilities.
(b) Retail public utilities may request
				  approval of a contract by filing a written petition with the commission. The
				  written petition shall include the following:
(1) maps of the requested area in accordance
				  with § 24.257(a) of this title (relating to Mapping Requirements for
				  Certificate of Convenience and Necessity Applications);
(2) a copy of the executed contract or
				  agreement;
(3) the number of
				  customers to be transferred, if any;
(4) information described in subsection
				  (c)(3) of this section; and
(5) any
				  other information required by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.255 - Contents of Request for Cease and Desist Order by the Commission Under TWC Section 13.252

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 provides, makes available, 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 convenience and necessity (CCN), the commission may issue an
				  order that prohibits the construction or extension of the interfering line,
				  plant, or system or the provision of service or that prescribes terms and
				  conditions for locating the line, plant, or system affected or for the
				  provision of service. A request for a commission order shall include the
				  following:
(1) the name, CCN number, if
				  applicable, e-mail address, phone number, and mailing address of the retail
				  public utility making the request;
(2) the name, CCN number, if applicable,
				  mailing address, phone number, if known, and e-mail address, if known, of the
				  retail public utility which is to be the subject of the order;
(3) a description of the alleged interference
				  or unlawful provision of service;
(4) a map of the service area of the
				  requesting utility that clearly shows the location of the alleged interference
				  or unlawful provision of service;
(5) copies of any other information or
				  documentation which would support the position of the requesting utility;
				  and
(6) other information as
				  required by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.257 - Mapping Requirements for Certificate of Convenience and Necessity Applications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applications to obtain or amend a certificate of convenience and necessity
				  (CCN) shall include the following mapping information:
(1) a general location map identifying the
				  requested area in reference to the nearest county boundary, city, or
				  town;
(2) a detailed map
				  identifying the requested area in reference to verifiable man-made and natural
				  landmarks, such as roads, rivers, and railroads;
(3) one of the following for the requested
				  area:
(A) a metes and bounds survey sealed or
				  embossed by either a licensed state land surveyor or a registered professional
				  land surveyor;
(B) a recorded plat;
				  or
(C) digital mapping data in a
				  shapefile (SHP) format georeferenced in either NAD 83 Texas State Plane
				  Coordinate System (US Feet) or in NAD 83 Texas Statewide Mapping System
				  (Meters). The digital mapping data shall include a single, continuous polygon
				  record; and
(4) if
				  applicable, maps identifying any facilities for production, transmission, or
				  distribution of services, customers, or area currently being served outside the
				  certificated service area. Facilities shall be identified on subdivision plats,
				  engineering planning maps, or other large scale maps. Color coding may be used
				  to distinguish the types of facilities identified. The location of any such
				  facility shall be described with such exactness that the facility can be
				  located "on the ground" from the map and may be identified in reference to
				  verifiable man-made and natural landmarks where necessary to show its actual
				  location.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter H - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 24.259 - Single Certification in Incorporated or Annexed Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to a
				  requested area that also meets the following criteria:
(1) the requested area has been incorporated
				  or annexed by a municipality;
(2) a
				  retail public utility provides service to the requested area under a
				  certificate of convenience and necessity (CCN); and
(3) the retail public utility that holds the
				  CCN under which the requested area is currently certificated is one of the
				  following:
(A) a water supply or sewer
				  service corporation, a special utility district under chapter 65 of the Texas
				  Water Code, or a fresh water supply district under chapter 53 of the Texas
				  Water Code; or
(B) not a water
				  supply or sewer service corporation, and its service area is located entirely
				  within the boundaries of a municipality that has a population of at least 1.7
				  million according to the most recent federal census.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter I - WATER UTILITY SUBMETERING AND ALLOCATION › Section 24.277 - Owner Registration and Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Registration. An owner who intends to bill tenants for submetered or allocated
				  utility service or who changes the method used to bill tenants for utility
				  service shall register with the commission in a form prescribed by the
				  commission.
(b) Water quantity
				  measurement. Except as provided by subsections (c) and (d) of this section, a
				  manager of a condominium or the owner of an apartment house, manufactured home
				  rental community, or multiple use facility, on which construction began after
				  January 1, 2003, shall provide for the measurement of the quantity of water, if
				  any, consumed by the occupants of each unit through the installation of:
(1) submeters, owned by the property owner or
				  manager, for each dwelling unit or rental unit; or
(2) individual meters, owned by the retail
				  public utility, for each dwelling unit or rental unit.