| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to water districts' authority to set rates and a |
|
|
presumption of validity. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 49.2122, Water Code, is |
|
|
amended to read as follows: |
|
|
Sec. 49.2122. AUTHORITY TO SET RATES; PRESUMPTION OF |
|
|
VALIDITY [ESTABLISHMENT OF CUSTOMER CLASSES]. |
|
|
SECTION 2. Subsection (b), Section 49.2122, Water Code, is |
|
|
amended to read as follows: |
|
|
(b) A district is presumed to have weighed and considered |
|
|
appropriate factors in establishing customer classes and rates and |
|
|
to have properly established customer classes, rates, charges, |
|
|
fees, rentals, and deposits absent a showing by a ratepayer at a |
|
|
hearing on an appeal filed under Section 13.043(b) that the |
|
|
district had no reasonable basis for its action. A district's rates |
|
|
are presumed just and reasonable and not unreasonably preferential, |
|
|
prejudicial, or discriminatory absent a showing by a ratepayer at a |
|
|
hearing on an appeal filed under Section 13.043(b) that the |
|
|
district had no reasonable basis for its action [that the district
|
|
|
acted arbitrarily and capriciously]. |
|
|
SECTION 3. The changes in law made by Section 49.2122, Water |
|
|
Code, as amended by this Act, apply only to rates established on or |
|
|
after the effective date of this Act. A rate established before the |
|
|
effective date of this Act is governed by the law in effect |
|
|
immediately before that date, and that law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |