Texas 2021 - 87th Regular

Texas Senate Bill SB1719 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hall, Perry S.B. No. 1719
	2	+	(In the Senate - Filed March 11, 2021; March 26, 2021, read
	3	+	first time and referred to Committee on Water, Agriculture & Rural
	4	+	Affairs; April 20, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	April 20, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1719 By: Springer
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to appellate jurisdiction of the Public Utility Commission
7	14		regarding certain water or sewer utility fees.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Section 13.043, Water Code, is amended by
10	17		amending Subsection (g) and adding Subsection (g-1) to read as
11	18		follows:
12	19		(g) An applicant for service from an affected county or a
13	20		water supply or sewer service corporation may appeal to the utility
14	21		commission a decision of the county or water supply or sewer service
15	22		corporation relating to any fee or [affecting the] amount to be paid
16	23		to obtain service other than the regular membership or tap fees. In
17	24		addition to the factors specified under Subsection (j), in an
18	25		appeal brought under this subsection the utility commission shall
19	26		determine whether the amount paid by the applicant is consistent
20	27		with the tariff of the water supply or sewer service corporation and
21	28		is reasonably related to the cost of installing on-site and
22	29		off-site facilities to provide service to that applicant. If the
23	30		utility commission finds the amount charged to be clearly
24	31		unreasonable, it shall establish the fee to be paid for that
25	32		applicant. An appeal under this subsection must be initiated
26	33		within 90 days after the date written notice is provided to the
27	34		applicant or member of the decision of an affected county or water
28	35		supply or sewer service corporation relating to the applicant's
29	36		initial request for that service. A determination made by the
30	37		utility commission on an appeal under this subsection is binding on
31	38		all similarly situated applicants for service, and the utility
32	39		commission may not consider other appeals on the same issue until
33	40		the applicable provisions of the tariff of the water supply or sewer
34	41		service corporation are amended.
35	42		(g-1) An applicant for service from a water supply or sewer
36	43		service corporation may appeal to the utility commission for a
37	44		determination of whether the regular membership fee or tap fee
38	45		required to be paid to obtain service is consistent with the tariff
39	46		of the water supply or sewer service corporation. If the utility
40	47		commission finds that the fee is inconsistent with the tariff of the
41	48		water supply or sewer service corporation, the utility commission
42	49		shall issue an order requiring the water supply or sewer service
43	50		corporation to charge the applicant an amount consistent with the
44	51		tariff. An appeal under this subsection must be initiated not later
45	52		than the 30th day after the date the water supply or sewer service
46	53		corporation provides the applicant with the cost of obtaining
47	54		service.
48	55		SECTION 2. This Act takes effect immediately if it receives
49	56		a vote of two-thirds of all the members elected to each house, as
50	57		provided by Section 39, Article III, Texas Constitution. If this
51	58		Act does not receive the vote necessary for immediate effect, this
52	59		Act takes effect September 1, 2021.
	60	+	* * * * *