| 1 | 1 | | S.B. No. 317 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to appellate jurisdiction of the Public Utility Commission |
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| 6 | 6 | | regarding certain water or sewer service fees. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 13.043, Water Code, is amended by |
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| 9 | 9 | | amending Subsection (g) and adding Subsection (g-1) to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (g) An applicant for service from an affected county or a |
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| 12 | 12 | | water supply or sewer service corporation may appeal to the utility |
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| 13 | 13 | | commission a decision of the county or water supply or sewer service |
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| 14 | 14 | | corporation relating to any fee or [affecting the] amount to be paid |
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| 15 | 15 | | to obtain service, other than the regular membership or tap fees or |
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| 16 | 16 | | a groundwater conservation district or other governmental fee. In |
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| 17 | 17 | | addition to the factors specified under Subsection (j), in an |
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| 18 | 18 | | appeal brought under this subsection the utility commission shall |
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| 19 | 19 | | determine whether the amount paid by the applicant is consistent |
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| 20 | 20 | | with the tariff of the water supply or sewer service corporation and |
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| 21 | 21 | | is reasonably related to the cost of installing on-site and |
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| 22 | 22 | | off-site facilities to provide service to that applicant. If the |
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| 23 | 23 | | utility commission finds the amount charged to be clearly |
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| 24 | 24 | | unreasonable, it shall establish the fee to be paid for that |
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| 25 | 25 | | applicant. An appeal under this subsection must be initiated |
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| 26 | 26 | | within 90 days after the date written notice is provided to the |
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| 27 | 27 | | applicant or member of the decision of an affected county or water |
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| 28 | 28 | | supply or sewer service corporation relating to the applicant's |
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| 29 | 29 | | initial request for that service. A determination made by the |
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| 30 | 30 | | utility commission on an appeal under this subsection is binding on |
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| 31 | 31 | | all similarly situated applicants for service, and the utility |
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| 32 | 32 | | commission may not consider other appeals on the same issue until |
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| 33 | 33 | | the applicable provisions of the tariff of the water supply or sewer |
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| 34 | 34 | | service corporation are amended. |
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| 35 | 35 | | (g-1) An applicant for service from a water supply or sewer |
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| 36 | 36 | | service corporation may appeal to the utility commission for a |
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| 37 | 37 | | determination of whether the regular membership fee or tap fee |
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| 38 | 38 | | required to be paid to obtain service is consistent with the tariff |
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| 39 | 39 | | of the water supply or sewer service corporation. If the utility |
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| 40 | 40 | | commission finds that the fee is inconsistent with the tariff of the |
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| 41 | 41 | | water supply or sewer service corporation, the utility commission |
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| 42 | 42 | | shall issue an order requiring the water supply or sewer service |
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| 43 | 43 | | corporation to charge the applicant an amount consistent with the |
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| 44 | 44 | | tariff. An appeal under this subsection must be initiated not later |
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| 45 | 45 | | than the 30th day after the date the water supply or sewer service |
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| 46 | 46 | | corporation provides the applicant with the cost of obtaining |
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| 47 | 47 | | service. |
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| 48 | 48 | | SECTION 2. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2023. |
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| 53 | 53 | | ______________________________ ______________________________ |
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| 54 | 54 | | President of the Senate Speaker of the House |
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| 55 | 55 | | I hereby certify that S.B. No. 317 passed the Senate on |
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| 56 | 56 | | April 20, 2023, by the following vote: Yeas 29, Nays 0; and that |
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| 57 | 57 | | the Senate concurred in House amendment on May 25, 2023, by the |
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| 58 | 58 | | following vote: Yeas 31, Nays 0. |
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| 59 | 59 | | ______________________________ |
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| 60 | 60 | | Secretary of the Senate |
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| 61 | 61 | | I hereby certify that S.B. No. 317 passed the House, with |
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| 62 | 62 | | amendment, on May 19, 2023, by the following vote: Yeas 130, |
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| 63 | 63 | | Nays 13, two present not voting. |
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| 64 | 64 | | ______________________________ |
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| 65 | 65 | | Chief Clerk of the House |
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| 66 | 66 | | Approved: |
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| 67 | 67 | | ______________________________ |
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| 68 | 68 | | Date |
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| 69 | 69 | | ______________________________ |
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| 70 | 70 | | Governor |
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