| 1 | 1 | | 83R1524 DDT-F |
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| 2 | 2 | | By: Gooden, Walle, Pitts, Flynn, Phillips, H.B. No. 1456 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the right of a county to intervene in an original rate |
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| 9 | 9 | | proceeding. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 13.084, Water Code, is amended to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 13.084. AUTHORITY OF GOVERNING BODY; COST |
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| 14 | 14 | | REIMBURSEMENT. The governing body of any municipality, [or] the |
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| 15 | 15 | | commissioners court of an affected county, or the commissioners |
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| 16 | 16 | | court of a county authorized to intervene under Section 13.1871 has |
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| 17 | 17 | | [shall have] the right to select and engage rate consultants, |
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| 18 | 18 | | accountants, auditors, attorneys, engineers, or any combination of |
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| 19 | 19 | | these experts to conduct investigations, present evidence, advise |
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| 20 | 20 | | and represent the governing body, and assist with litigation on |
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| 21 | 21 | | water and sewer utility ratemaking proceedings. The water and |
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| 22 | 22 | | sewer utility engaged in those proceedings shall be required to |
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| 23 | 23 | | reimburse the governing body or the commissioners court for the |
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| 24 | 24 | | reasonable costs of those services and shall be allowed to recover |
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| 25 | 25 | | those expenses through its rates with interest during the period of |
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| 26 | 26 | | recovery. |
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| 27 | 27 | | SECTION 2. Section 13.187(e), Water Code, is amended to |
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| 28 | 28 | | read as follows: |
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| 29 | 29 | | (e) If, before the 91st day after the effective date of the |
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| 30 | 30 | | rate change, the regulatory authority receives a complaint from a |
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| 31 | 31 | | county authorized to intervene under Section 13.1871, any affected |
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| 32 | 32 | | municipality, or from the lesser of 1,000 or 10 percent of the |
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| 33 | 33 | | ratepayers of the utility over whose rates the regulatory authority |
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| 34 | 34 | | has original jurisdiction, the regulatory authority shall set the |
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| 35 | 35 | | matter for hearing. |
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| 36 | 36 | | SECTION 3. Subchapter F, Chapter 13, Water Code, is amended |
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| 37 | 37 | | by adding Section 13.1871 to read as follows: |
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| 38 | 38 | | Sec. 13.1871. RIGHT OF COUNTY TO INTERVENE. A county may |
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| 39 | 39 | | intervene as a party in a rate proceeding under this subchapter if |
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| 40 | 40 | | the utility in the proceeding: |
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| 41 | 41 | | (1) seeks to increase the rates of ratepayers who |
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| 42 | 42 | | reside in the county by more than 25 percent; or |
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| 43 | 43 | | (2) serves more than 3,000 ratepayers who reside in |
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| 44 | 44 | | the county. |
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| 45 | 45 | | SECTION 4. The change in law made by this Act applies only |
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| 46 | 46 | | to an original rate proceeding in which the initial hearing is held |
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| 47 | 47 | | on or after September 1, 2013. A proceeding in which the initial |
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| 48 | 48 | | hearing is held before September 1, 2013, is governed by the law in |
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| 49 | 49 | | effect immediately before the effective date of this Act, and that |
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| 50 | 50 | | law is continued in effect for that purpose. |
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| 51 | 51 | | SECTION 5. This Act takes effect September 1, 2013. |
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