BILL ANALYSIS Senate Research Center C.S.S.B. 317 88R23681 JXC-F By: Hall Water, Agriculture & Rural Affairs 4/17/2023 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently if a water supply or a sewer service corporation (WSC) is charging fees inconsistent with their own tariff it is impossible to reach timely enforcement that brings them in line and resolves the problems for the consumers. In one instance, a new customer was unlawfully being charged the past due balance of the previous owner of a property as a condition of having the new service started. The amount being charged was so high the new customer could not afford to have service started. All efforts to pursue relief for the customer were thwarted by the provider. Inquiries by legislators and the Public Utility Commission (PUC) were ignored. Public meetings of the WSC were cancelled without notice when attempts were made to bring the issue to the board. Entities entrusted by the state with a monopoly over water and sewage services must be held accountable when they violate that trust. This Bill: Amends Section 13.043, Water Code, to allow new applicants for service who believe their WSC is charging fees that are inconsistent with their tariff to file an appeal to the PUC, provided those fees are not groundwater conservation district fees or other governmental fees. Enables the PUC to order the WSC into compliance if it finds the fees are inconsistent. C.S.S.B. 317 amends current law relating to appellate jurisdiction of the Public Utility Commission regarding certain water or sewer utility fees. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 13.043, Water Code, by amending Subsection (g) and adding Subsection (g-1), as follows: (g) Authorizes an applicant for service from an affected county or a water supply or sewer service corporation to appeal to the Public Utility Commission of Texas (PUC) a decision of the county or water supply or sewer service corporation relating to any fee or amount, rather than affecting the amount, to be paid to obtain service other than the regular membership or tap fees or a groundwater conservation district or other governmental fee. (g-1) Authorizes an applicant for service from a water supply or sewer service corporation to appeal to the PUC for a determination of whether the regular membership fee or tap fee required to be paid to obtain service is consistent with the tariff of the water supply or sewer service corporation. Requires the PUC, if the PUC finds that the fee is inconsistent with the tariff of the water supply or sewer service corporation, to issue an order requiring the water supply or sewer service corporation to charge the applicant an amount consistent with the tariff. Requires that an appeal under this subsection be initiated not later than the 30th day after the date the water supply or sewer service corporation provides the applicant with the cost of obtaining service. SECTION 2. Effective date: upon passage or September 1, 2023.
BILL ANALYSIS
Senate Research Center C.S.S.B. 317
88R23681 JXC-F By: Hall
Water, Agriculture & Rural Affairs
4/17/2023
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 317
88R23681 JXC-F
By: Hall
Water, Agriculture & Rural Affairs
4/17/2023
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently if a water supply or a sewer service corporation (WSC) is charging fees inconsistent with their own tariff it is impossible to reach timely enforcement that brings them in line and resolves the problems for the consumers. In one instance, a new customer was unlawfully being charged the past due balance of the previous owner of a property as a condition of having the new service started. The amount being charged was so high the new customer could not afford to have service started. All efforts to pursue relief for the customer were thwarted by the provider. Inquiries by legislators and the Public Utility Commission (PUC) were ignored. Public meetings of the WSC were cancelled without notice when attempts were made to bring the issue to the board.
Entities entrusted by the state with a monopoly over water and sewage services must be held accountable when they violate that trust.
This Bill:
C.S.S.B. 317 amends current law relating to appellate jurisdiction of the Public Utility Commission regarding certain water or sewer utility fees.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 13.043, Water Code, by amending Subsection (g) and adding Subsection (g-1), as follows:
(g) Authorizes an applicant for service from an affected county or a water supply or sewer service corporation to appeal to the Public Utility Commission of Texas (PUC) a decision of the county or water supply or sewer service corporation relating to any fee or amount, rather than affecting the amount, to be paid to obtain service other than the regular membership or tap fees or a groundwater conservation district or other governmental fee.
(g-1) Authorizes an applicant for service from a water supply or sewer service corporation to appeal to the PUC for a determination of whether the regular membership fee or tap fee required to be paid to obtain service is consistent with the tariff of the water supply or sewer service corporation. Requires the PUC, if the PUC finds that the fee is inconsistent with the tariff of the water supply or sewer service corporation, to issue an order requiring the water supply or sewer service corporation to charge the applicant an amount consistent with the tariff. Requires that an appeal under this subsection be initiated not later than the 30th day after the date the water supply or sewer service corporation provides the applicant with the cost of obtaining service.
SECTION 2. Effective date: upon passage or September 1, 2023.