Texas 2025 - 89th Regular

Texas House Bill HB5559 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15369 ANG-F
2	2	By: Harris H.B. No. 5559
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the enforcement of drought contingency plans by water
10	10	and sewer utilities and the Public Utility Commission of Texas.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 13.041(a), Water Code, is amended to
13	13	read as follows:
14	14	(a) The utility commission may regulate and supervise the
15	15	tariffs and business of each water and sewer utility within its
16	16	jurisdiction, including ratemaking and other economic regulation.
17	17	The commission may regulate water and sewer utilities within its
18	18	jurisdiction to ensure safe drinking water and environmental
19	19	protection. The utility commission and the commission may do all
20	20	things, whether specifically designated in this chapter or implied
21	21	in this chapter, necessary and convenient to the exercise of these
22	22	powers and jurisdiction. The utility commission may consult with
23	23	the commission as necessary in carrying out its duties related to
24	24	the regulation of water and sewer utilities.
25	25	SECTION 2. Section 13.042(a), Water Code, is amended to
26	26	read as follows:
27	27	(a) Subject to the limitations imposed in this chapter and
28	28	for the purpose of regulating rates and services so that those rates
29	29	may be fair, just, and reasonable and the services adequate and
30	30	efficient, the governing body of each municipality has exclusive
31	31	original jurisdiction over all water and sewer utility rates,
32	32	tariffs, operations, and services provided by a water and sewer
33	33	utility within its corporate limits.
34	34	SECTION 3. Section 13.136(a), Water Code, is amended to
35	35	read as follows:
36	36	(a) Every utility shall file with each regulatory authority
37	37	tariffs showing all rates that are subject to the original or
38	38	appellate jurisdiction of the regulatory authority and that are in
39	39	force at the time for any utility service, product, or commodity
40	40	offered. Every utility shall file with and as a part of those
41	41	tariffs all rules and regulations relating to or affecting the
42	42	rates, utility service, product, or commodity furnished, including
43	43	the utility's drought contingency plan required by the commission.
44	44	SECTION 4. Sections 13.250(b) and (d), Water Code, are
45	45	amended to read as follows:
46	46	(b) Unless the utility commission issues a certificate that
47	47	neither the present nor future convenience and necessity will be
48	48	adversely affected, the holder of a certificate or a person who
49	49	possesses facilities used to provide utility service shall not
50	50	discontinue, reduce, or impair service to a certified service area
51	51	or part of a certified service area except for:
52	52	(1) nonpayment of charges for services provided by the
53	53	certificate holder or a person who possesses facilities used to
54	54	provide utility service;
55	55	(2) nonpayment of charges for sewer service provided
56	56	by another retail public utility under an agreement between the
57	57	retail public utility and the certificate holder or a person who
58	58	possesses facilities used to provide utility service or under a
59	59	utility commission-ordered arrangement between the two service
60	60	providers;
61	61	(3) compliance with a drought contingency plan;
62	62	(4) nonuse; or
63	63	(5) [(4)] other similar reasons in the usual course of
64	64	business.
65	65	(d) Except as provided by this subsection, a retail public
66	66	utility that has not been granted a certificate of public
67	67	convenience and necessity may not discontinue, reduce, or impair
68	68	retail water or sewer service to any ratepayer without approval of
69	69	the regulatory authority. Except as provided by this subsection, a
70	70	utility or water supply corporation that is allowed to operate
71	71	without a certificate of public convenience and necessity under
72	72	Section 13.242(c) may not discontinue, reduce, or impair retail
73	73	water or sewer service to any ratepayer without the approval of the
74	74	regulatory authority. Subject to rules of the regulatory
75	75	authority, a retail public utility, utility, or water supply
76	76	corporation described in this subsection may discontinue, reduce,
77	77	or impair retail water or sewer service for:
78	78	(1) nonpayment of charges;
79	79	(2) compliance with a drought contingency plan;
80	80	(3) nonuse; or
81	81	(4) [(3)] other similar reasons in the usual course of
82	82	business.
83	83	SECTION 5. Section 11.1272, Water Code, is amended by
84	84	amending Subsections (c), (d), and (e) and adding Subsection (c-1)
85	85	to read as follows:
86	86	(c) A [By May 1, 2005, a] drought contingency plan required
87	87	by commission rule adopted under this section must include:
88	88	(1) specific, quantified targets for water use
89	89	reductions to be achieved during periods of water shortages and
90	90	drought; and
91	91	(2) procedures for the enforcement of mandatory water
92	92	use restrictions, including fines, water rate surcharges,
93	93	restriction of service, discontinuation of service, or any other
94	94	penalty.
95	95	(c-1) The entity preparing the drought contingency plan
96	96	shall establish the targets and enforcement procedures required
97	97	under Subsection (c).
98	98	(d) The commission, the utility commission, and the board by
99	99	joint rule shall identify quantified target goals for drought
100	100	contingency plans that wholesale and retail public water suppliers,
101	101	irrigation districts, and other entities may use as guidelines in
102	102	preparing drought contingency plans. Goals established under this
103	103	subsection are not enforceable requirements.
104	104	(e) The commission, the utility commission, and the board
105	105	jointly shall develop and update at least once every five years
106	106	model drought contingency programs for different types of water
107	107	suppliers that suggest best management practices for accomplishing
108	108	the highest practicable levels of water use reductions achievable
109	109	during periods of water shortages and drought for each specific
110	110	type of water supplier.
111	111	SECTION 6. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2025.