| 8 | | - | SECTION 1. Subchapter Z, Chapter 552, Local Government |
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| 9 | | - | Code, is amended by adding Section 552.915 to read as follows: |
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| 10 | | - | Sec. 552.915. MUNICIPAL NONSUBMETERED BILLING; CHARGES. |
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| 11 | + | SECTION 1. Subchapter M, Chapter 13, Water Code, is amended |
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| 12 | + | by adding Section 13.5032 to read as follows: |
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| 13 | + | Sec. 13.5032. MUNICIPAL NONSUBMETERED BILLING; CHARGES. |
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| 11 | 14 | | (a) Each municipally owned utility that bills for nonsubmetered |
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| 12 | 15 | | master metered utility service shall make publicly available for |
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| 13 | 16 | | each entity billed a statement that includes: |
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| 14 | 17 | | (1) a current copy of the municipally owned utility's |
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| 15 | 18 | | rate structure applicable to the billed service; and |
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| 16 | 19 | | (2) a list of fees and charges applicable to the billed |
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| 17 | 20 | | service. |
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| 18 | 21 | | (b) Subsection (a) does not authorize or require a |
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| 19 | 22 | | municipally owned utility to make an entity's bill publicly |
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| 20 | 23 | | available. |
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| 21 | | - | (c) A municipally owned utility may not charge a: |
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| 22 | | - | (1) dwelling unit base charge for nonsubmetered master |
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| 23 | | - | metered utility service if the utility charges a master meter |
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| 24 | | - | charge; or |
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| 25 | | - | (2) master meter charge for nonsubmetered master |
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| 26 | | - | metered utility service if the charge is based on the number of |
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| 27 | | - | dwelling units. |
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| 28 | | - | (d) Subsection (c) does not apply to a dwelling unit base |
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| 29 | | - | charge that is charged in connection with a fee imposed on the |
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| 30 | | - | municipally owned utility by another governmental entity. |
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| 31 | | - | (e) In this section: |
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| 32 | | - | (1) "Dwelling unit" has the meaning assigned by |
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| 33 | | - | Section 13.501, Water Code. |
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| 34 | | - | (2) "Municipally owned utility" means any utility that |
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| 35 | | - | provides water or sewer service and is owned, operated, and |
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| 36 | | - | controlled by a municipality or by a nonprofit corporation whose |
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| 37 | | - | directors are appointed by one or more municipalities. |
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| 38 | | - | (3) "Nonsubmetered master metered utility service" |
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| 39 | | - | has the meaning assigned by Section 13.501, Water Code. |
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| 24 | + | (c) A municipally owned utility may not charge a dwelling |
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| 25 | + | unit base charge for nonsubmetered master metered utility service. |
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| 26 | + | A municipally owned utility may not impose different per-meter base |
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| 27 | + | charges on residential and commercial customers. Notwithstanding |
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| 28 | + | Subchapter C, a person may appeal a charge that does not comply with |
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| 29 | + | this subsection by filing a petition with the utility commission. |
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| 30 | + | The utility commission shall hear the appeal de novo, and the |
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| 31 | + | municipality charging the fee has the burden of proof to establish |
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| 32 | + | that the charge complies with this subsection. |
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