Texas 2025 - 89th Regular

Texas House Bill HB29 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R10328 ANG-F
2	2		By: Gerdes H.B. No. 29
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5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to water losses reported by certain municipally owned
8	10		utilities to the Texas Water Development Board; authorizing
9	11		administrative penalties.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subchapter B, Chapter 16, Water Code, is amended
12	14		by adding Section 16.0122 to read as follows:
13	15		Sec. 16.0122. WATER AUDIT VALIDATION BY CERTAIN MUNICIPALLY
14	16		OWNED UTILITIES. (a) In this section, "municipally owned utility"
15	17		has the meaning assigned by Section 13.002.
16	18		(b) This section applies only to a municipally owned utility
17	19		that provides potable water through more than 150,000 service
18	20		connections.
19	21		(c) A municipally owned utility that has filed an annual
20	22		water audit under Section 16.0121 with the board indicating that
21	23		the utility's real water loss meets or exceeds the threshold
22	24		established by rule under Section 16.0121 shall:
23	25		(1) not later than the 180th day after the date the
24	26		audit was filed, complete a validation of the audit to ensure the
25	27		utility accurately assessed potential inaccuracies in data used in
26	28		the audit; and
27	29		(2) not later than the first anniversary of the date
28	30		the audit was filed, develop and submit to the board a water loss
29	31		mitigation plan.
30	32		(d) A municipally owned utility that has filed an annual
31	33		water audit under Section 16.0121 with the board indicating that
32	34		the utility's real water loss meets or exceeds the threshold
33	35		established by rule under Section 16.0121 for three consecutive
34	36		audit years shall:
35	37		(1) complete a more detailed validation of the
36	38		utility's most current water audit to:
37	39		(A) determine whether the implementation of
38	40		water leakage reduction strategies is appropriate; and
39	41		(B) investigate the accuracy of the utility's
40	42		billing data; and
41	43		(2) update the water loss mitigation plan developed by
42	44		the utility under Subsection (c)(2) accordingly.
43	45		(e) Each validation required under Subsection (c)(1) must
44	46		be performed by a person who has completed water audit validation
45	47		training and is certified to conduct the validation. The
46	48		validation:
47	49		(1) must follow board validation guidelines; and
48	50		(2) may not be conducted by a board staff member or the
49	51		person who submitted the water audit.
50	52		(f) Each water loss mitigation plan developed under
51	53		Subsection (c)(2), as updated under Subsection (d)(2), if
52	54		applicable, must be incorporated into the utility's most recent
53	55		water conservation plan required under Section 13.146 not later
54	56		than the first anniversary of the date the mitigation plan is
55	57		completed. As part of the utility's annual water conservation
56	58		report under Section 16.402(b), the utility shall report the
57	59		utility's progress in implementing the mitigation plan. The
58	60		mitigation plan must include:
59	61		(1) one-year, three-year, five-year, and ten-year
60	62		goals for water loss mitigation;
61	63		(2) descriptions of water loss mitigation projects or
62	64		programs designed to meet those goals;
63	65		(3) estimated financial savings from the
64	66		implementation of the projects or programs under Subdivision (2);
65	67		(4) estimated water savings from the implementation of
66	68		the projects or programs under Subdivision (2); and
67	69		(5) cost estimates for implementing each project or
68	70		program under Subdivision (2).
69	71		(g) If the utility must complete a validation under
70	72		Subsection (d)(1), the utility shall update the water loss
71	73		mitigation plan developed by the utility under Subsection (c)(2) to
72	74		revise the utility's one-year, three-year, five-year, and ten-year
73	75		goals.
74	76		(h) Each validation required under Subsection (d)(1) must
75	77		be performed by a person who is experienced in performing required
76	78		validation activities. The validation:
77	79		(1) must be based on the recommendations from the
78	80		utility's validation performed under Subsection (c)(1);
79	81		(2) must be completed in consultation with the person
80	82		who completed the validation under Subsection (c)(1);
81	83		(3) must be conducted in accordance with industry
82	84		standards; and
83	85		(4) may not be conducted by a board staff member or the
84	86		person who submitted the water audit.
85	87		(i) The commission shall assess against a municipally owned
86	88		utility an administrative penalty of $25,000 for each violation of
87	89		this section.
88	90		SECTION 2. This Act takes effect immediately if it receives
89	91		a vote of two-thirds of all the members elected to each house, as
90	92		provided by Section 39, Article III, Texas Constitution. If this
91	93		Act does not receive the vote necessary for immediate effect, this
92	94		Act takes effect September 1, 2025.