Bill Text: TX SB317 | 2023-2024 | 88th Legislature | Enrolled

Texas Senate Bill 317 (Prior Session Legislation)

Bill Title: Relating to appellate jurisdiction of the Public Utility Commission regarding certain water or sewer service fees.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-06-18 - Effective immediately [SB317 Detail]

Download: Texas-2023-SB317-Enrolled.html



	S.B. No. 317




	AN ACT
	relating to appellate jurisdiction of the Public Utility Commission
	regarding certain water or sewer service fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 13.043, Water Code, is amended by
	amending Subsection (g) and adding Subsection (g-1) to read as
	follows:
	(g) An applicant for service from an affected county or a
	water supply or sewer service corporation may appeal to the utility
	commission a decision of the county or water supply or sewer service
	corporation relating to any fee or [~~affecting the~~] amount to be paid
	to obtain service, other than the regular membership or tap fees or
	a groundwater conservation district or other governmental fee. In
	addition to the factors specified under Subsection (j), in an
	appeal brought under this subsection the utility commission shall
	determine whether the amount paid by the applicant is consistent
	with the tariff of the water supply or sewer service corporation and
	is reasonably related to the cost of installing on-site and
	off-site facilities to provide service to that applicant. If the
	utility commission finds the amount charged to be clearly
	unreasonable, it shall establish the fee to be paid for that
	applicant. An appeal under this subsection must be initiated
	within 90 days after the date written notice is provided to the
	applicant or member of the decision of an affected county or water
	supply or sewer service corporation relating to the applicant's
	initial request for that service. A determination made by the
	utility commission on an appeal under this subsection is binding on
	all similarly situated applicants for service, and the utility
	commission may not consider other appeals on the same issue until
	the applicable provisions of the tariff of the water supply or sewer
	service corporation are amended.
	(g-1) An applicant for service from a water supply or sewer
	service corporation may appeal to the utility commission for a
	determination of whether the regular membership fee or tap fee
	required to be paid to obtain service is consistent with the tariff
	of the water supply or sewer service corporation. If the utility
	commission finds that the fee is inconsistent with the tariff of the
	water supply or sewer service corporation, the utility commission
	shall issue an order requiring the water supply or sewer service
	corporation to charge the applicant an amount consistent with the
	tariff. An appeal under this subsection must be initiated not later
	than the 30th day after the date the water supply or sewer service
	corporation provides the applicant with the cost of obtaining
	service.
	SECTION 2. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2023.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 317 passed the Senate on
	April 20, 2023, by the following vote: Yeas 29, Nays 0; and that
	the Senate concurred in House amendment on May 25, 2023, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 317 passed the House, with
	amendment, on May 19, 2023, by the following vote: Yeas 130,
	Nays 13, two present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor