H.B. No. 3090 AN ACT relating to the frequency of water audits by certain retail public utilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 16.0121, Water Code, is amended by amending Subsections (b), (c), and (f) and adding Subsection (b-1) to read as follows: (b) Except as provided by Subsection (b-1) [Every five years], a retail public utility providing potable water that receives from the board financial assistance shall perform and file with the board an annual [a] water audit computing the utility's [most recent annual] system water loss during the preceding year. (b-1) A retail public utility providing potable water that does not receive from the board financial assistance shall perform and file with the board every five years a water audit computing the utility's most recent annual system water loss. (c) The board shall develop appropriate methodologies and submission dates for a water audit required under Subsection (b) or (b-1) for the following categories of retail public utilities: (1) retail public utilities serving populations of 100,000 or more; (2) retail public utilities serving populations of 50,000 or more but less than 100,000; (3) retail public utilities serving populations of more than 10,000 [3,300] but less than 50,000; and (4) retail public utilities serving populations of 10,000 [3,300] or less. (f) The board shall compile the information included in the water audits required by Subsections [Subsection] (b) and (b-1) according to category of retail public utility and according to regional water planning area. The regional planning group for a regional planning area shall use the information to identify appropriate water management strategies in the development of a regional water plan under Section 16.053. SECTION 2. Not later than May 1, 2013, a retail public utility that receives financial assistance from the Texas Water Development Board, or a retail public utility that serves a population of more than 10,000, shall submit the first annual report required by Section 16.0121, Water Code, as amended by this Act. The initial water audit report submitted by a retail public utility under that section shall compute the utility's most recent annual system water loss. SECTION 3. This Act takes effect September 1, 2011. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3090 was passed by the House on May 5, 2011, by the following vote: Yeas 144, Nays 2, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 3090 on May 26, 2011, by the following vote: Yeas 138, Nays 1, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 3090 was passed by the Senate, with amendments, on May 24, 2011, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor