Texas 2021 - 87th Regular

Texas Senate Bill SB387 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 387
	1	+	By: Schwertner S.B. No. 387
	2	+	(Wilson)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the appeal of rates for water or sewer service charged
6	8		to certain customers of a municipality.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 13.043, Water Code, is amended by
9	11		amending Subsection (b) and adding Subsection (b-4) to read as
10	12		follows:
11	13		(b) Ratepayers of the following entities may appeal the
12	14		decision of the governing body of the entity affecting their water,
13	15		drainage, or sewer rates to the utility commission:
14	16		(1) a nonprofit water supply or sewer service
15	17		corporation created and operating under Chapter 67;
16	18		(2) a utility under the jurisdiction of a municipality
17	19		inside the corporate limits of the municipality;
18	20		(3) a municipally owned utility, if the ratepayers
19	21		reside outside the corporate limits of the municipality, including
20	22		a decision of a governing body that results in an increase in rates
21	23		when the municipally owned utility takes over the provision of
22	24		service to ratepayers previously served by another retail public
23	25		utility;
24	26		(4) a district or authority created under Article III,
25	27		Section 52, or Article XVI, Section 59, of the Texas Constitution
26	28		that provides water or sewer service to household users; and
27	29		(5) a utility owned by an affected county, if the
28	30		ratepayer's rates are actually or may be adversely affected. For
29	31		the purposes of this section ratepayers who reside outside the
30	32		boundaries of the district or authority shall be considered a
31	33		separate class from ratepayers who reside inside those boundaries.
32	34		(b-4) Subsection (b)(3) does not apply to a municipally
33	35		owned utility that takes over the provision of service to
34	36		ratepayers previously served by another retail public utility if
35	37		the municipally owned utility:
36	38		(1) takes over the service at the request of the
37	39		ratepayer;
38	40		(2) takes over the service in the manner provided by
39	41		Subchapter H; or
40	42		(3) is required to take over the service by state law,
41	43		an order of the commission, or an order of the utility commission.
42	44		SECTION 2. (a) Notwithstanding Section 13.043(c), Water
43	45		Code, a ratepayer described by Section 13.043(b), Water Code, as
44	46		amended by this Act, may use the appeal process in Section 13.043,
45	47		Water Code, to appeal increased rates charged to the ratepayer by a
46	48		municipally owned utility by filing a petition for review with the
47	49		Public Utility Commission of Texas and the municipally owned
48	50		utility not later than December 1, 2021, if the municipally owned
49	51		utility began providing service to the ratepayer on or after
50	52		September 1, 2016.
51	53		(b) Subsection (a) of this section applies only to rates
52	54		that the municipally owned utility has not changed since the
53	55		municipally owned utility began providing service to the ratepayer.
54	56		SECTION 3. This Act takes effect September 1, 2021.
55		-	______________________________ ______________________________
56		-	President of the Senate Speaker of the House
57		-	I hereby certify that S.B. No. 387 passed the Senate on
58		-	April 9, 2021, by the following vote: Yeas 31, Nays 0.
59		-	______________________________
60		-	Secretary of the Senate
61		-	I hereby certify that S.B. No. 387 passed the House on
62		-	May 23, 2021, by the following vote: Yeas 143, Nays 2, two present
63		-	not voting.
64		-	______________________________
65		-	Chief Clerk of the House
66		-	Approved:
67		-	______________________________
68		-	Date
69		-	______________________________
70		-	Governor