Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 291.3 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Affected county--A
				  county to which Texas Local Government Code, Chapter 232, Subchapter B,
				  applies.
(2) Agency--Any state
				  board, commission, department, or officer having statewide jurisdiction (other
				  than an agency wholly financed by federal funds, the legislature, the courts,
				  the Texas Department of Insurance, Division of Workers' Compensation, and
				  institutions for higher education) which makes rules or determines contested
				  cases.
(3) Certificate of
				  Convenience and Necessity--A permit issued by the Public Utility Commission of
				  Texas which authorizes and obligates a retail public utility to furnish, make
				  available, render, or extend continuous and adequate retail water or sewer
				  utility service to a specified geographic area.
(4) Code--The Texas Water Code.
(5) Corporation--Any corporation, joint-stock
				  company, or association, domestic or foreign, and its lessees, assignees,
				  trustees, receivers, or other successors in interest, having any of the powers
				  and privileges of corporations not possessed by individuals or partnerships,
				  but shall not include municipal corporations unless expressly provided
				  otherwise in the Texas Water Code.
(6) Customer--Any person, firm, partnership,
				  corporation, municipality, cooperative, organization, or governmental agency
				  provided with services by any retail public utility.
(7) Mandatory water use reduction--The
				  temporary reduction in the use of water imposed by court order, government
				  agency, or other authority with appropriate jurisdiction. This does not include
				  water conservation measures that seek to reduce the loss or waste of water,
				  improve the efficiency in the use of water, or increase the recycling or reuse
				  of water so that a water supply is made available for future or alternative
				  uses.
(8) Nonfunctioning system--A
				  retail public utility under the supervision of a receiver, temporary manager,
				  or that has been referred for the appointment of a temporary manager or
				  receiver, pursuant to §
										291.142
				  of this title (relating to Operation of Utility That Discontinues Operation or
				  Is Referred for Appointment of a Receiver) and §
										291.143
				  of this title (relating to Operation of a Utility by a Temporary
				  Manager).
(9) Person--Any natural
				  person, partnership, cooperative corporation, association, or public or private
				  organization of any character other than an agency or municipality.
(10) Potable water--Water that is used for or
				  intended to be used for human consumption or household use.
(11) Public utility--The definition of public
				  utility is that definition given to "Water and sewer utility" in this
				  section.
(12) Purchased sewage
				  treatment--Sewage treatment purchased from a source outside the retail public
				  utility's system to meet system requirements.
(13) Purchased water--Raw or treated water
				  purchased from a source outside the retail public utility's system to meet
				  system demand requirements.
(14)
				  Retail public utility--Any person, corporation, public utility, water supply or
				  sewer service corporation, municipality, political subdivision, or agency
				  operating, maintaining, or controlling in this state facilities for providing
				  potable water service or sewer service, or both, for compensation.
(15) Safe drinking water revolving fund--The
				  fund established by the Texas Water Development Board to provide financial
				  assistance in accordance with the federal program established under the
				  provisions of the Safe Drinking Water Act and as defined in Texas Water Code,
				  §
										15.602.
(16) Service--Any act performed, anything
				  furnished or supplied, and any facilities or lines committed or used by a
				  retail public utility in the performance of its duties under the Texas Water
				  Code to its patrons, employees, other retail public utilities, and the public,
				  as well as the interchange of facilities between two or more retail public
				  utilities.
(17) Water and sewer
				  utility--Any person, corporation, cooperative corporation, affected county, or
				  any combination of those persons or entities, other than a municipal
				  corporation, water supply or sewer service corporation, or a political
				  subdivision of the state, except an affected county, or their lessees,
				  trustees, and receivers, owning or operating for compensation in this state
				  equipment or facilities for the production, transmission, storage,
				  distribution, sale, or provision of potable water to the public or for the
				  resale of potable water to the public for any use or for the collection,
				  transportation, treatment, or disposal of sewage or other operation of a sewage
				  disposal service for the public, other than equipment or facilities owned and
				  operated for either purpose by a municipality or other political subdivision of
				  this state or a water supply or sewer service corporation, but does not include
				  any person or corporation not otherwise a public utility that furnishes the
				  services or commodity only to itself or its employees or tenants as an incident
				  of that employee service or tenancy when that service or commodity is not
				  resold to or used by others.
(18)
				  Water use restrictions--Restrictions implemented to reduce the amount of water
				  that may be consumed by customers of the system due to emergency conditions or
				  drought.
(19) Wholesale water or
				  sewer service--Potable water or sewer service, or both, provided to a person,
				  political subdivision, or municipality who is not the ultimate consumer of the
				  service.