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 I - WATER UTILITY SUBMETERING AND ALLOCATION › Section 24.279 - Rental Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Rental
				  agreement content. The rental agreement between the owner and tenant shall
				  clearly state in writing:
(1) the tenant will
				  be billed by the owner for submetered or allocated utility services, whichever
				  is applicable;
(2) which utility
				  services will be included in the bill issued by the owner;
(3) any disputes relating to the computation
				  of the tenant's bill or the accuracy of any submetering device will be between
				  the tenant and the owner;
(4) the
				  average monthly bill for all dwelling units in the previous calendar year and
				  the highest and lowest month's bills for that period;
(5) if not submetered, a clear description of
				  the formula used to allocate utility services;
(6) information regarding billing such as
				  meter reading dates, billing dates, and due dates;
(7) the period of time by which owner will
				  repair leaks in the tenant's unit and in common areas, if common areas are not
				  submetered;
(8) the tenant has the
				  right to receive information from the owner to verify the utility bill;
				  and
(9) for manufactured home
				  rental communities and apartment houses, the service charge percentage
				  permitted under § 24.281(d)(3) of this title (relating to Charges and
				  Calculations) that will be billed to tenants.
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 24.283 - Billing

Current through Reg. 49, No. 28; July 12, 2024
(a) Monthly billing of total charges. The
				  owner shall bill the tenant each month for the total charges calculated under
				  § 24.281 of this title (relating to Charges and Calculations). If it is
				  permitted in the rental agreement, an occupant or occupants who are not
				  residing in the rental unit for a period longer than 30 days may be excluded
				  from the occupancy calculation and from paying a water and sewer bill for that
				  period.
(b) Rendering bill.
(1) Allocated bills shall be rendered as
				  promptly as possible after the owner receives the retail public utility
				  bill.
(2) Submeter bills shall be
				  rendered as promptly as possible after the owner receives the retail public
				  utility bill or according to the time schedule in the rental agreement if the
				  owner is billing using the retail public utility's rate.
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 24.285 - Complaint Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Jurisdiction. The commission has exclusive jurisdiction for violations under
				  this subchapter.
(b) Complaints. If
				  an apartment house owner, condominium manager, manufactured home rental
				  community owner, or other multiple use facility owner violates a commission
				  rule regarding utility costs, the person claiming the violation may file a
				  complaint with the commission and may appear remotely for a hearing.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.301 - Petition or Appeal Concerning Wholesale Rate

Current through Reg. 49, No. 28; July 12, 2024
This subchapter sets forth substantive guidelines and
					 procedural requirements concerning:
(1) a petition to review rates charged for
				  the sale of water for resale filed pursuant to TWC, Chapter 12; or
(2) an appeal pursuant to TWC,
				  §13.043(f) (appeal by retail public utility concerning a decision by a
				  provider of water or sewer 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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.303 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this subchapter, the following definitions
					 apply:
(1) Petitioner--The entity that
				  files the petition or appeal.
(2)
				  Protested rate--The rate demanded by the seller.
(3) Cash Basis calculation of cost of
				  service--A calculation of the revenue requirement to which a seller is entitled
				  to cover all cash needs, including debt obligations as they come due. Basic
				  revenue requirement components considered under the cash basis generally
				  include operation and maintenance expense, debt service requirements, and
				  capital expenditures which are not debt financed. Other cash revenue
				  requirements should be considered where applicable. Basic revenue requirement
				  components under the cash basis do not include depreciation.
(4) Utility Basis calculation of cost of
				  service--A calculation of the revenue requirement to which a seller is entitled
				  which includes a return on investment over and above operating costs. Basic
				  revenue requirement components considered under the utility basis generally
				  include operation and maintenance expense, depreciation, and return on
				  investment.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.305 - Petition or Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) The petitioner
				  must file a written petition with the commission. The petitioner must serve a
				  copy of the petition on the party against whom the petitioner seeks relief and
				  other appropriate parties.
(b) The
				  petition must clearly state the statutory authority which the petitioner
				  invokes, specific factual allegations, and the relief which the petitioner
				  seeks. The petitioner must attach any applicable contract to the
				  petition.
(c) The petitioner must
				  file an appeal pursuant to TWC, §13.043(f) in accordance with the time
				  frame provided therein.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.307 - Commission's Review of Petition or Appeal Concerning Wholesale Rate

Current through Reg. 49, No. 28; July 12, 2024
(a) When a petition or appeal is filed, the
				  commission shall determine within 30 days of the filing of the petition or
				  appeal whether the petition contains all of the information required by this
				  subchapter. For purposes of this section only, the initial review of probable
				  grounds shall be limited to a determination whether the petitioner has met the
				  requirements § 24.305 of this title (relating to Petition or Appeal). If
				  the commission determines that the petition or appeal does not meet the
				  requirements of § 24.305 of this title, the commission shall inform the
				  petitioner of the deficiencies within the petition or appeal and allow the
				  petitioner the opportunity to correct these deficiencies. If the commission
				  determines that the petition or appeal does meet the requirements of §
				  24.305 of this title, the commission shall forward the petition or appeal to
				  the State Office of Administrative Hearings for an evidentiary
				  hearing.
(b) For a petition or
				  appeal to review a rate that is charged pursuant to a written contract, the
				  commission will forward the petition or appeal to the State Office of
				  Administrative Hearings to conduct an evidentiary hearing on public
				  interest.
(c) For a petition or
				  appeal to review a rate that is not charged pursuant to a written contract, the
				  commission will forward the petition or appeal to the State Office of
				  Administrative Hearings to conduct an evidentiary hearing on the
				  rate.
(d) If the seller and buyer
				  do not agree that the protested rate is charged pursuant to a written contract,
				  the administrative law judge shall abate the proceedings until the contract
				  dispute over whether the protested rate is part of the contract has been
				  resolved by a court of proper jurisdiction.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.309 - Evidentiary Hearing on Public Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) If the commission forwards a petition to
				  the State Office of Administrative Hearings pursuant to § 24.307(a) and
				  (b) of this title (relating to Commission's Review of Petition or Appeal), the
				  State Office of Administrative Hearings shall conduct an evidentiary hearing on
				  public interest to determine whether the protested rate adversely affects the
				  public interest.
(b) Prior to the
				  evidentiary hearing on public interest, discovery shall be limited to matters
				  relevant to the evidentiary hearing on public interest.
(c) The administrative law judge shall
				  prepare a proposal for decision and order with proposed findings of fact and
				  conclusions of law concerning whether the protested rate adversely affects the
				  public interest, and shall submit this recommendation to the
				  commission.
(d) The seller and
				  buyer may agree to consolidate the evidentiary hearing on public interest and
				  the evidentiary hearing on cost of service. If the seller and buyer so agree
				  the administrative law judge shall hold a consolidated evidentiary
				  hearing.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.311 - Determination of Public Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission shall determine the protested rate adversely affects the public
				  interest if after the evidentiary hearing on public interest the commission
				  concludes at least one of the following public interest criteria have been
				  violated:
(1) the protested rate impairs the
				  seller's ability to continue to provide service, based on the seller's
				  financial integrity and operational capability;
(2) the protested rate impairs the
				  purchaser's ability to continue to provide service to its retail customers,
				  based on the purchaser's financial integrity and operational
				  capability;
(3) the protested rate
				  evidences the seller's abuse of monopoly power in its provision of water or
				  sewer service to the purchaser. In making this inquiry, the commission shall
				  weigh all relevant factors. The factors may include:
(A) the disparate bargaining power of the
				  parties, including the purchaser's alternative means, alternative costs,
				  environmental impact, regulatory issues, and problems of obtaining alternative
				  water or sewer service;
(B) the
				  seller's failure to reasonably demonstrate the changed conditions that are the
				  basis for a change in rates;
(C)
				  the seller changed the computation of the revenue requirement or rate from one
				  methodology to another;
(D) where
				  the seller demands the protested rate pursuant to a contract, other valuable
				  consideration received by a party incident to the contract;
(E) incentives necessary to encourage
				  regional projects or water conservation measures;
(F) the seller's obligation to meet federal
				  and state wastewater discharge and drinking water standards;
(G) the rates charged in Texas by other
				  sellers of water or sewer service for resale; or
(H) the seller's rates for water or sewer
				  service charged to its retail customers, compared to the retail rates the
				  purchaser charges its retail customers as a result of the wholesale rate the
				  seller demands from the purchaser; or
(4) the protested rate is unreasonably
				  preferential, prejudicial, or discriminatory, compared to the wholesale rates
				  the seller charges other wholesale customers.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.313 - Commission Action to Protect Public Interest, Set Rate

Current through Reg. 49, No. 28; July 12, 2024
(a) If as a result of the evidentiary hearing
				  on public interest the commission determines the protested rate does not
				  adversely affect the public interest, the commission will deny the petition or
				  appeal by final order. The commission must state in the final order that
				  dismisses a petition or appeal the bases upon which the commission finds the
				  protested rate does not adversely affect the public interest.
(b) If the commission determines the
				  protested rate adversely affects the public interest, the commission will
				  remand the matter to the State Office of Administrative Hearings for further
				  evidentiary proceedings on the rate. The remand order is not a final order
				  subject to judicial review.
(c) No
				  later than 90 days after the petition or appeal is forwarded to the State
				  Office of Administrative Hearings for an evidentiary hearing on the rate
				  pursuant to subsection (b) of this section or § 24.307(a) and (c) of this
				  title (relating to Commission's Review of Petition or Appeal), the seller shall
				  file with the commission a cost of service study and other information which
				  supports the protested rate
(d)
				  Prior to the evidentiary hearing on the rate, discovery shall be limited to
				  matters relevant to the evidentiary hearing on the rate.
(e) The administrative law judge shall
				  prepare a proposal for decision and order with proposed findings of fact and
				  conclusions of law recommending a rate and shall submit this recommendation to
				  the commission. The commission shall set a rate consistent with the ratemaking
				  mandates of TWC, Chapters 12 and 13. If the protested rate was charged pursuant
				  to a written contract, the commission must state in a final order the bases
				  upon which the commission finds the protested rate adversely affects the public
				  interest.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.315 - Determination of Cost of Service

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission shall follow the mandates of the TWC, Chapters 12 and 13, to
				  calculate the annual cost of service. The commission shall rely on any
				  reasonable methodologies set by contract which identify costs of providing
				  service and/or allocate such costs in calculating the cost of
				  service.
(b) When the protested
				  rate was calculated using the cash basis or the utility basis, and the rate
				  which the protested rate supersedes was not based on the same methodology, the
				  commission may calculate cost of service using the superseded methodology
				  unless the seller establishes a reasonable basis for the change in
				  methodologies. Where the protested rate is based in part upon a change in
				  methodologies the seller must show during the evidentiary hearing the
				  calculation of revenue requirements using both the methodology upon which the
				  protested rate is based, and the superseded methodology. When computing revenue
				  requirements using a new methodology, the commission may allow adjustments for
				  past payments.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.317 - Burden of Proof

Current through Reg. 49, No. 28; July 12, 2024
The petitioner shall have the burden of proof in the
					 evidentiary proceedings to determine if the protested rate is adverse to the
					 public interest. The seller of water or sewer service (whether the petitioner
					 or not) shall have the burden of proof in evidentiary proceedings on
					 determination of cost 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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.319 - Commission Order to Discourage Succession of Rate Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) If the commission finds the protested
				  rate adversely affects the public interest and sets rates on a cost of service
				  basis, then the commission shall add the following provisions to its order:
(1) If the purchaser files a new petition or
				  appeal, and the commission forwards the petition or appeal to the State Office
				  of Administrative Hearings pursuant to § 24.307 of this title (relating to
				  Commission's Review of Petition or Appeal), then the administrative law judge
				  shall set an interim rate immediately. The interim rate shall equal the rate
				  set by the commission in this proceeding where the commission granted the
				  petition or appeal and set a cost of service rate.
(2) The commission shall determine in the
				  proceedings pursuant to the new petition or appeal that the protested rate
				  adversely affects the public interest. The administrative law judge shall not
				  hold an evidentiary hearing on public interest but rather shall proceed with
				  the evidentiary hearing to determine a rate consistent with the ratemaking
				  mandates of the TWC, Chapters 12 and 13.
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 J - WHOLESALE WATER OR SEWER SERVICE › Section 24.321 - Filing of Rate Data

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  purposes of comparing the rates charged in Texas by providers of water or sewer
				  service for resale, the commission may require each provider of water or sewer
				  service for resale to report the retail and wholesale rates it charges to
				  purchasers.
(b) Within 30 days
				  after receiving a written request from the commission, a provider of water or
				  sewer service for resale shall file a report with the commission. The report
				  must provide the information prescribed in a form prepared 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 K - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 24.351 - Enforcement Action

Current through Reg. 49, No. 28; July 12, 2024
If the commission has reason to believe that the failure of
					 the owner or operator of a water utility to properly operate, maintain, or
					 provide adequate facilities presents an imminent threat to human health or
					 safety, the commission shall immediately:
(1) notify the utility's representative;
				  and
(2) initiate enforcement action
				  consistent with:
(A) this subchapter;
				  and
(B) procedural rules adopted by
				  the 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 K - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 24.353 - Supervision of Certain Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may place a utility under supervision where:
(1) the utility has exhibited gross or
				  continuing mismanagement; or
(2)
				  the utility has exhibited gross or continuing noncompliance with Chapter 13 of
				  the TWC or commission rules; or
(3)
				  the utility has exhibited noncompliance with commission orders; and
(4) notice has been provided to the utility
				  advising the utility of the proposed commission action, the reasons for the
				  action and giving the utility an opportunity to request a hearing.
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 K - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 24.355 - Operation of Utility that Discontinues Operation or is Referred for Appointment of a Receiver

Current through Reg. 49, No. 28; July 12, 2024
(a) After providing
				  a utility with notice and an opportunity for a hearing, the commission may
				  appoint a willing person, municipality, or political subdivision to temporarily
				  manage and/or operate a utility that:
(1) has
				  discontinued or abandoned operations or the provision of services; or
(2) is being referred to the attorney general
				  for the appointment of a receiver under TWC §13.412 for:
(A) having expressed an intent to abandon or
				  abandoned operation of its facilities;
(B) having violated a final order of the
				  commission;
(C) having allowed any
				  property owned or controlled by it to be used in violation of a final order of
				  the commission; or
(D) having
				  violated a final judgment issued by a district court in a suit brought by the
				  attorney general under:
(i) Chapter 13, Texas
				  Water Code;
(ii) Chapter 7, Texas
				  Water Code; or
(iii) Chapter 341,
				  Texas Health and Safety Code.
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 K - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 24.357 - Operation of a Utility by a Temporary Manager

Current through Reg. 49, No. 28; July 12, 2024
(a) By emergency order under TWC
				  §13.4132, the commission may appoint a person, municipality, or political
				  subdivision under Chapter 22, Subchapter P of this title (relating to Emergency
				  Orders for Water Utilities) to temporarily manage and/or operate a utility that
				  has discontinued or abandoned operations or the provision of service, or which
				  has been or is being referred to the attorney general for the appointment of a
				  receiver under TWC §13.412.
(b) A person, municipality, or political
				  subdivision appointed under this section has the powers and duties necessary to
				  ensure the continued operation of the utility and the provision of continuous
				  and adequate service to customers, including the power and duty to:
(1) read meters;
(2) bill for utility services;
(3) collect revenues;
(4) disburse funds;
(5) request rate increases if
				  needed;
(6) access all system
				  components;
(7) conduct required
				  sampling;
(8) make necessary
				  repairs; and
(9) perform other acts
				  necessary to assure continuous and adequate utility service as authorized 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 K - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 24.359 - Fines and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Fines and
				  penalties collected under TWC, Chapter 13, from a retail public utility that is
				  not a public utility in other than criminal proceedings shall be paid to the
				  commission and deposited in the general revenue fund.
(b) The commission shall provide a reasonable
				  period for a retail public utility that takes over a nonfunctioning system to
				  bring the nonfunctioning system into compliance with commission rules, during
				  which the commission may not impose a penalty for any deficiency in the system
				  that is present at the time the retail public utility takes over the
				  nonfunctioning system. The commission must consult with the retail public
				  utility before determining the period and may grant an extension of the period
				  for good cause.
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 K - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 24.361 - Municipal Rates for Certain Recreational Vehicle Parks

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				  in this section, have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Nonsubmetered master
				  metered utility service--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 Texas Transportation Code, § 501.002;
				  and
(B) towable recreational
				  vehicle as that term is defined by Texas Transportation Code, §
				  541.201.
(3)
				  Recreational vehicle park--A commercial property on which service connections
				  are made for recreational vehicle transient guest use and for which fees are
				  paid at intervals of one day or longer.
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 K - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 24.363 - Temporary Rates for Services Provided for a Nonfunctioning System

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding other provisions of this
				  chapter, upon sending written notice to the commission, a retail public utility
				  other than a municipally owned utility or a water and sewer utility subject to
				  the original rate jurisdiction of a municipality that takes over the provision
				  of services for a nonfunctioning retail public water or sewer utility service
				  provider may immediately begin charging the customers of the nonfunctioning
				  system a temporary rate to recover the reasonable costs incurred for
				  interconnection or other costs incurred in making services available and any
				  other reasonable costs incurred to bring the nonfunctioning system into
				  compliance with commission rules.
(b) Notice of the temporary rate must be
				  provided to the customers of the nonfunctioning system no later than the first
				  bill which includes the temporary rates.
(c) Within 90 days of receiving notice of the
				  temporary rate increase, the commission will issue an order regarding the
				  reasonableness of the temporary rates. In making the determination, the
				  commission will consider information submitted by the retail public utility
				  taking over the provision of service, the customers of the nonfunctioning
				  system, or any other affected person.
(d) At the time the commission approves an
				  acquisition of a nonfunctioning retail water or sewer utility service provider
				  under Texas Water Code (TWC) §13.301, the commission must:
(1) determine the duration of the temporary
				  rates to the retail public utility, which must be for a reasonable period;
				  and
(2) rule on the reasonableness
				  of the temporary rates under subsection (a) of this section if the commission
				  did not make a ruling before the application was filed under TWC
				  §13.301.
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 K - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 24.364 - Civil Penalties for Late Fees and Disconnections During an Extreme Weather Emergency for Nonpayment

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. This
				  section establishes a classification system to be used by a court to impose
				  civil penalties for violations of § 24.173 of this title (relating to Late
				  Fees and Disconnections During an Extreme Weather Emergency for Nonpayment).
				  Definitions contained in § 24.173 of this title apply to this
				  section.
(b) Classification system.
(1) Class C violations.
(A) Civil penalties for a Class C violation
				  may not exceed §1,000 per violation per day.
(B) The following are Class C violations:
(i) failure to timely provide a customer with
				  a one-time notice that complies with § 24.173 of this title;
(ii) failure to include all of the required
				  information on a payment arrangement offered under § 24.173 of this
				  title.
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 L - PROVISIONS REGARDING MUNICIPALITIES › Section 24.375 - Jurisdiction of Municipality: Surrender of Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing body of a municipality by
				  ordinance may elect to have the commission exercise exclusive original
				  jurisdiction over the utility rate, operation, and services of utilities,
				  within the incorporated limits of the municipality. The governing body of a
				  municipality that surrenders its jurisdiction to the commission may reinstate
				  its jurisdiction by ordinance at any time after the second anniversary of the
				  date on which the municipality surrendered its jurisdiction to the commission,
				  except that the municipality may not reinstate its jurisdiction during the
				  pendency of a rate proceeding before the commission. The municipality may not
				  surrender its jurisdiction again until the second anniversary of the date on
				  which the municipality reinstates jurisdiction.
(b) The commission shall post on its website
				  a list of municipalities that surrendered original jurisdiction to 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 L - PROVISIONS REGARDING MUNICIPALITIES › Section 24.377 - Applicability of Commission Service Rules Within the Corporate Limits of a Municipality

Current through Reg. 49, No. 28; July 12, 2024
The commission's rules relating to service and response to
					 requests for service will apply to utilities operating within the corporate
					 limits of a municipality unless the municipality adopts its own rules. These
					 rules include Subchapters F and G of this chapter (relating to Customer Service
					 and Protection and Quality 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 L - PROVISIONS REGARDING MUNICIPALITIES › Section 24.379 - Notification Regarding Use of Revenue

Current through Reg. 49, No. 28; July 12, 2024
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.
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 L - PROVISIONS REGARDING MUNICIPALITIES › Section 24.381 - Fair Wholesale Rates for Wholesale Water Sales to a District

Current through Reg. 49, No. 28; July 12, 2024
(a) A municipality that makes a wholesale
				  sale of water to a special district created under §52, Article III, or
				  §59, Article XVI, Texas Constitution, and that operates under Title 4
				  (General Law Districts), or under Chapter 36 (Groundwater Conservation
				  Districts) 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 September 1,
				  1997.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 25.1 - Purpose and Scope of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Mission of the
				  Public Utility Commission of Texas (commission). The mission of the commission
				  is to assure the availability of safe, reliable, high quality services that
				  meet the needs of all Texans at just and reasonable rates. To accomplish this
				  mission, the commission shall regulate electric and telecommunications
				  utilities as required while facilitating competition, operation of the free
				  market, and customer choice.
(b)
				  This chapter is intended to establish a comprehensive system to accomplish the
				  mission of the commission with respect to electric service and to establish the
				  rights and responsibilities of the electric utilities, including transmission
				  and distribution utilities, non-utility wholesale and retail market
				  participants, and electric customers. This chapter shall be given a fair and
				  impartial construction to obtain these objectives and shall be applied
				  uniformly regardless of race, creed, color, national origin, ancestry, sex,
				  marital status, lawful source of income, level of income, disability, or
				  familial status.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 25.2 - Cross-Reference Transition Provision

Current through Reg. 49, No. 28; July 12, 2024
A reference in a rule section or part of a section of
					 Chapter 22 of this title (relating to Procedural Rules); Chapter 23 of this
					 title (relating to Substantive Rules); Chapter 24 of this title (relating to
					 Policy Statements); Chapter 25 of this title (relating to Substantive Rules
					 Applicable to Electric Service Providers); or Chapter 26 of this title
					 (relating to Substantive Rules Applicable to Telecommunications Service
					 Providers) to another section or part of a section of Chapter 23 that was
					 repealed after January 1, 1998, refers to the corresponding section in Chapter
					 25 or Chapter 26 that replaced the Chapter 23 section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 25.3 - Severability Clause

Current through Reg. 49, No. 28; July 12, 2024
(a) The adoption of
				  this chapter does not preclude the Public Utility Commission of Texas
				  (commission) from altering or amending any sections of this chapter in whole or
				  in part, or from requiring any other or additional services, equipment,
				  facilities, or standards, either upon complaint or upon its own motion or upon
				  application of any person. Furthermore, this chapter will not relieve electric
				  utilities, including transmission and distribution utilities, non-utility
				  wholesale and retail market participants, or electric customers from any duties
				  under the laws of this state or the United States. If any provision of this
				  chapter is held invalid, such invalidity shall not affect other provisions or
				  applications of this chapter which can be given effect without the invalid
				  provision or application, and to this end, the provisions of this chapter are
				  declared to be severable. This chapter shall not be construed so as to enlarge,
				  diminish, modify, or alter the jurisdiction, powers, or authority of the
				  commission.
(b) The commission may
				  make exceptions to this chapter for good cause.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 25.4 - Statement of Nondiscrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  electric utility or retail electric provider shall discriminate on the basis of
				  race, creed, color, national origin, ancestry, sex, marital status, lawful
				  source of income, level of income, disability, or familial status.
(b) No electric utility or retail electric
				  provider shall unreasonably discriminate on the basis of geographic
				  location.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 25.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, the following definitions apply unless the
					 context indicates otherwise:
(1)
				  Above-market purchased power costs--Wholesale demand and energy costs that a
				  utility is obligated to pay under an existing purchased power contract to the
				  extent the costs are greater than the purchased power market value.
(2) Affected person--means:
(A) a public utility or electric cooperative
				  affected by an action of a regulatory authority;
(B) a person whose utility service or rates
				  are affected by a proceeding before a regulatory authority; or
(C) a person who:
(i) is a competitor of a public utility with
				  respect to a service performed by the utility; or
(ii) wants to enter into competition with a
				  public utility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 25.6 - Cost of Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
The rules set forth in 1 TAC §
										RSA
					 70.3(relating to Costs of Copies of Public
					 Information) will apply to copies of public records made at the
					 commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 25.8 - Classification System for Violations of Statutes, Rules, and Orders Applicable to Electric Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this rule is to establish a classification system for
				  violations of the Public Utility Regulatory Act (PURA) and related commission
				  rules and orders, and to establish a range of penalties that may be assessed
				  for each class of violations.
(b)
				  Classification system.
(1) Class C violations.
(A) Penalties for Class C violations may not
				  exceed $1,000 per violation per day.
(B) The following violations are Class C
				  violations:
(i) failure to file a report or
				  provide information required to be submitted to the commission under this
				  chapter within the timeline required;
(ii) failure by an electric utility, retail
				  electric provider, or aggregator to investigate a customer complaint and
				  appropriately report the results within the timeline required;
(iii) failure to update information relating
				  to a registration or certificate by the commission within the timeline
				  required; and
(iv) a violation of
				  the Electric no-call list.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 25.21 - General Provisions of Customer Service and Protection Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. Unless the context clearly
				  indicates otherwise, in this subchapter the term "electric utility" applies to
				  all electric utilities that provide retail electric utility service in Texas.
				  It does not apply to municipal utilities.
(b) Purpose. The purpose of the rules in this
				  subchapter is to establish minimum customer service standards that electric
				  utilities must follow in providing electric service to the public. Nothing in
				  these rules should be interpreted as preventing an electric utility from
				  adopting less restrictive policies for all customers or for differing groups of
				  customers, as long as those policies do not discriminate based on race, color,
				  sex, nationality, religion, or marital status.
(c) Definitions. The following words and
				  terms when used in this subchapter shall have the following meanings, unless
				  the context indicates otherwise.
(1)
				  Applicant--A person who applies for service for the first time or reapplies
				  after disconnection of service.
(2)
				  Burned Veteran--A customer who is a military veteran who a medical doctor
				  certifies has a significantly decreased ability to regulate the body
				  temperature because of severe burns received in combat.
(3) Customer--A person who is currently
				  receiving service from an electric utility in the person's own name or the name
				  of the person's spouse.
(4)
				  Days--Unless the context clearly indicates otherwise, in this subchapter the
				  term "days" shall refer to calendar days.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 25.23 - Refusal of Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Acceptable
				  reasons to refuse service. An electric utility may refuse to serve an applicant
				  until the applicant complies with state and municipal regulations and the
				  utility's rules and regulations on file with the commission or for any of the
				  reasons identified below.
(1) Applicant's
				  facilities inadequate. The applicant's installation or equipment is known to be
				  hazardous or of such character that satisfactory service cannot be given, or
				  the applicant's facilities do not comply with all applicable state and
				  municipal regulations.
(2)
				  Violation of an electric utility's tariffs. The applicant fails to comply with
				  the electric utility's tariffs pertaining to operation of nonstandard equipment
				  or unauthorized attachments which interfere with the service of others. The
				  electric utility shall provide the applicant notice of such refusal and afford
				  the applicant a reasonable amount of time to comply with the utility's
				  tariffs.
(3) Failure to pay
				  guarantee. The applicant has acted as a guarantor for another customer and
				  failed to pay the guaranteed amount, where such guarantee was made in writing
				  to the electric utility and was a condition of service.
(4) Intent to deceive. The applicant applies
				  for service at a location where another customer received, or continues to
				  receive, service and the electric utility bill is unpaid at that location, and
				  the electric utility can prove the change in identity is made in an attempt to
				  help the other customer avoid or evade payment of an electric utility bill. An
				  applicant may request a supervisory review as specified in §
											RSA 25.30
				  of this title (relating to Complaints) if the electric utility determines that
				  the applicant intends to deceive the electric utility and refuses to provide
				  service.
(5) For indebtedness. The
				  applicant owes a debt to any electric utility for the same kind of service as
				  that being requested. In the event an applicant's indebtedness is in dispute,
				  the applicant shall be provided service upon paying a deposit pursuant to
				  §
											RSA
				  25.24 of this title (relating to Credit
				  Requirements and Deposits).
(6)
				  Refusal to pay a deposit. Refusing to pay a deposit if applicant is required to
				  do so under §
											RSA
				  25.24 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 25.24 - Credit Requirements and Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Credit requirements for permanent residential applicants.
(1) An electric utility may require a
				  residential applicant for service to establish and maintain satisfactory credit
				  as a condition of providing service.
(A)
				  Establishment of credit shall not relieve any customer from complying with the
				  electric utility's requirements for prompt payment of bills.
(B) The credit worthiness of spouses
				  established during shared service in the 12 months prior to their divorce will
				  be equally applied to both spouses for 12 months immediately after their
				  divorce.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 25.26 - Spanish Language Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. This section applies to each electric utility that serves a county
				  where the number of Spanish speaking persons as defined in §
										RSA 25.5
				  of this title (relating to Definitions) is 2000 or more according to the most
				  current U.S. Census of Population (Bureau of Census, U.S. Department of
				  Commerce, Census of Population and Housing).
(b) Written plan.
(1) Requirement. Each electric utility shall
				  have a commission-approved written plan that describes how a Spanish-speaking
				  person is provided, or will be provided, reasonable access to the utility's
				  programs and services.
(2) Minimum
				  elements. The written plan required by paragraph (1) of this subsection shall
				  include a clear and concise statement as to how the electric utility is doing
				  or will do the following, for each part of its entire system:
(A) inform Spanish-speaking applicants how
				  they can get information contained in the utility's plan in the Spanish
				  language;
(B) inform
				  Spanish-speaking applicants and customers of their rights contained in this
				  subchapter;
(C) inform
				  Spanish-speaking applicants and customers of new services, discount programs,
				  and promotions;
(D) allow
				  Spanish-speaking persons to request repair service;
(E) ballot Spanish-speaking customers for
				  services requiring a vote by ballot;
(F) allow access by Spanish-speaking
				  customers to services specified in subchapter F of this chapter (relating to
				  Metering);
(G) inform its service
				  and repair representatives of the requirements of the plan.