82R6908 ALL-D
 
  By: Bohac H.B. No. 2778
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criteria necessary to require a hearing to review an
  application for a rate change by certain water and sewer utilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 13.002, Water Code, is amended by adding
  Subdivision (21-a) to read as follows:
               (21-a)  "Subdivision" means all land that has been
  divided into two or more parts and that is or was burdened by
  restrictions limiting at least the majority of the land area
  burdened by restrictions, excluding streets and public areas, to
  residential use only, if the instrument or instruments creating the
  restrictions are recorded in the deed or real property records of a
  county.
         SECTION 2.  Section 13.187(e), Water Code, is amended to
  read as follows:
         (e)  The regulatory authority shall set the matter for
  hearing if [If], before the 91st day after the effective date of the
  rate change, the regulatory authority receives a complaint from:
               (1)  any affected municipality;
               (2)  [, or from] the lesser of 1,000 or 10 percent of
  the ratepayers of the utility over whose rates the regulatory
  authority has original jurisdiction; or
               (3)  at least 10 percent of the ratepayers residing in
  the same subdivision or five-digit zip code who receive service
  from the utility over whose rates the regulatory authority has
  original jurisdiction, provided that the owners sign a petition and
  attach documentation verifying their residences and receipt of
  service[, the regulatory authority shall set the matter for
  hearing].
         SECTION 3.  This Act applies only to a rate change for which
  a statement of intent is filed on or after the effective date of
  this Act. A rate change for which a statement of intent is filed
  before the effective date of this Act is governed by the law in
  effect on the date the statement was filed, and that law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.