83R1524 DDT-F
By: Gooden H.B. No. 1456
A BILL TO BE ENTITLED
AN ACT
relating to the right of a county to intervene in an original rate
proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.084, Water Code, is amended to read as
follows:
Sec. 13.084. AUTHORITY OF GOVERNING BODY; COST
REIMBURSEMENT. The governing body of any municipality, [or] the
commissioners court of an affected county, or the commissioners
court of a county authorized to intervene under Section 13.1871 has
[shall have] the right to select and engage rate consultants,
accountants, auditors, attorneys, engineers, or any combination of
these experts to conduct investigations, present evidence, advise
and represent the governing body, and assist with litigation on
water and sewer utility ratemaking proceedings. The water and
sewer utility engaged in those proceedings shall be required to
reimburse the governing body or the commissioners court for the
reasonable costs of those services and shall be allowed to recover
those expenses through its rates with interest during the period of
recovery.
SECTION 2. Section 13.187(e), Water Code, is amended to
read as follows:
(e) If, before the 91st day after the effective date of the
rate change, the regulatory authority receives a complaint from a
county authorized to intervene under Section 13.1871, any affected
municipality, or from the lesser of 1,000 or 10 percent of the
ratepayers of the utility over whose rates the regulatory authority
has original jurisdiction, the regulatory authority shall set the
matter for hearing.
SECTION 3. Subchapter F, Chapter 13, Water Code, is amended
by adding Section 13.1871 to read as follows:
Sec. 13.1871. RIGHT OF COUNTY TO INTERVENE. A county may
intervene as a party in a rate proceeding under this subchapter if
the utility in the proceeding:
(1) seeks to increase the rates of ratepayers who
reside in the county by more than 25 percent; or
(2) serves more than 3,000 ratepayers who reside in
the county.
SECTION 4. The change in law made by this Act applies only
to an original rate proceeding in which the initial hearing is held
on or after September 1, 2013. A proceeding in which the initial
hearing is held before September 1, 2013, is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.