Texas 2025 - 89th Regular

Texas Senate Bill SB1190 Compare Versions

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

Old	New	Differences
1	1	89R10328 ANG-F
2	2	By: Perry S.B. No. 1190
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to water losses reported by certain municipally owned
10	10	utilities to the Texas Water Development Board; authorizing
11	11	administrative penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 16, Water Code, is amended
14	14	by adding Section 16.0122 to read as follows:
15	15	Sec. 16.0122. WATER AUDIT VALIDATION BY CERTAIN MUNICIPALLY
16	16	OWNED UTILITIES. (a) In this section, "municipally owned utility"
17	17	has the meaning assigned by Section 13.002.
18	18	(b) This section applies only to a municipally owned utility
19	19	that provides potable water through more than 150,000 service
20	20	connections.
21	21	(c) A municipally owned utility that has filed an annual
22	22	water audit under Section 16.0121 with the board indicating that
23	23	the utility's real water loss meets or exceeds the threshold
24	24	established by rule under Section 16.0121 shall:
25	25	(1) not later than the 180th day after the date the
26	26	audit was filed, complete a validation of the audit to ensure the
27	27	utility accurately assessed potential inaccuracies in data used in
28	28	the audit; and
29	29	(2) not later than the first anniversary of the date
30	30	the audit was filed, develop and submit to the board a water loss
31	31	mitigation plan.
32	32	(d) A municipally owned utility that has filed an annual
33	33	water audit under Section 16.0121 with the board indicating that
34	34	the utility's real water loss meets or exceeds the threshold
35	35	established by rule under Section 16.0121 for three consecutive
36	36	audit years shall:
37	37	(1) complete a more detailed validation of the
38	38	utility's most current water audit to:
39	39	(A) determine whether the implementation of
40	40	water leakage reduction strategies is appropriate; and
41	41	(B) investigate the accuracy of the utility's
42	42	billing data; and
43	43	(2) update the water loss mitigation plan developed by
44	44	the utility under Subsection (c)(2) accordingly.
45	45	(e) Each validation required under Subsection (c)(1) must
46	46	be performed by a person who has completed water audit validation
47	47	training and is certified to conduct the validation. The
48	48	validation:
49	49	(1) must follow board validation guidelines; and
50	50	(2) may not be conducted by a board staff member or the
51	51	person who submitted the water audit.
52	52	(f) Each water loss mitigation plan developed under
53	53	Subsection (c)(2), as updated under Subsection (d)(2), if
54	54	applicable, must be incorporated into the utility's most recent
55	55	water conservation plan required under Section 13.146 not later
56	56	than the first anniversary of the date the mitigation plan is
57	57	completed. As part of the utility's annual water conservation
58	58	report under Section 16.402(b), the utility shall report the
59	59	utility's progress in implementing the mitigation plan. The
60	60	mitigation plan must include:
61	61	(1) one-year, three-year, five-year, and ten-year
62	62	goals for water loss mitigation;
63	63	(2) descriptions of water loss mitigation projects or
64	64	programs designed to meet those goals;
65	65	(3) estimated financial savings from the
66	66	implementation of the projects or programs under Subdivision (2);
67	67	(4) estimated water savings from the implementation of
68	68	the projects or programs under Subdivision (2); and
69	69	(5) cost estimates for implementing each project or
70	70	program under Subdivision (2).
71	71	(g) If the utility must complete a validation under
72	72	Subsection (d)(1), the utility shall update the water loss
73	73	mitigation plan developed by the utility under Subsection (c)(2) to
74	74	revise the utility's one-year, three-year, five-year, and ten-year
75	75	goals.
76	76	(h) Each validation required under Subsection (d)(1) must
77	77	be performed by a person who is experienced in performing required
78	78	validation activities. The validation:
79	79	(1) must be based on the recommendations from the
80	80	utility's validation performed under Subsection (c)(1);
81	81	(2) must be completed in consultation with the person
82	82	who completed the validation under Subsection (c)(1);
83	83	(3) must be conducted in accordance with industry
84	84	standards; and
85	85	(4) may not be conducted by a board staff member or the
86	86	person who submitted the water audit.
87	87	(i) The commission shall assess against a municipally owned
88	88	utility an administrative penalty of $25,000 for each violation of
89	89	this section.
90	90	SECTION 2. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2025.