S.B. No. 317
AN ACT
relating to appellate jurisdiction of the Public Utility Commission
regarding certain water or sewer service fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.043, Water Code, is amended by
amending Subsection (g) and adding Subsection (g-1) to read as
follows:
(g) An applicant for service from an affected county or a
water supply or sewer service corporation may appeal to the utility
commission a decision of the county or water supply or sewer service
corporation relating to any fee or [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. In
addition to the factors specified under Subsection (j), in an
appeal brought under this subsection the utility commission shall
determine whether the amount paid by the applicant is consistent
with the tariff of the water supply or sewer service corporation and
is reasonably related to the cost of installing on-site and
off-site facilities to provide service to that applicant. If the
utility commission finds the amount charged to be clearly
unreasonable, it shall establish the fee to be paid for that
applicant. An appeal under this subsection must be initiated
within 90 days after the date written notice is provided to the
applicant or member of the decision of an affected county or water
supply or sewer service corporation relating to the applicant's
initial request for that service. A determination made by the
utility commission on an appeal under this subsection is binding on
all similarly situated applicants for service, and the utility
commission may not consider other appeals on the same issue until
the applicable provisions of the tariff of the water supply or sewer
service corporation are amended.
(g-1) An applicant for service from a water supply or sewer
service corporation may appeal to the utility commission 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. If the utility
commission finds that the fee is inconsistent with the tariff of the
water supply or sewer service corporation, the utility commission
shall issue an order requiring the water supply or sewer service
corporation to charge the applicant an amount consistent with the
tariff. An appeal under this subsection must 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 317 passed the Senate on
April 20, 2023, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendment on May 25, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 317 passed the House, with
amendment, on May 19, 2023, by the following vote: Yeas 130,
Nays 13, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor