| 83R1524 DDT-F | ||
| By: Gooden | H.B. No. 1456 | |
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| relating to the right of a county to intervene in an original rate | ||
| proceeding. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 13.084, Water Code, is amended to read as | ||
| follows: | ||
| Sec. 13.084. AUTHORITY OF GOVERNING BODY; COST | ||
| REIMBURSEMENT. The governing body of any municipality, [ |
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| commissioners court of an affected county, or the commissioners | ||
| court of a county authorized to intervene under Section 13.1871 has | ||
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| accountants, auditors, attorneys, engineers, or any combination of | ||
| these experts to conduct investigations, present evidence, advise | ||
| and represent the governing body, and assist with litigation on | ||
| water and sewer utility ratemaking proceedings. The water and | ||
| sewer utility engaged in those proceedings shall be required to | ||
| reimburse the governing body or the commissioners court for the | ||
| reasonable costs of those services and shall be allowed to recover | ||
| those expenses through its rates with interest during the period of | ||
| recovery. | ||
| SECTION 2. Section 13.187(e), Water Code, is amended to | ||
| read as follows: | ||
| (e) If, before the 91st day after the effective date of the | ||
| rate change, the regulatory authority receives a complaint from a | ||
| county authorized to intervene under Section 13.1871, any affected | ||
| municipality, 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, the regulatory authority shall set the | ||
| matter for hearing. | ||
| SECTION 3. Subchapter F, Chapter 13, Water Code, is amended | ||
| by adding Section 13.1871 to read as follows: | ||
| Sec. 13.1871. RIGHT OF COUNTY TO INTERVENE. A county may | ||
| intervene as a party in a rate proceeding under this subchapter if | ||
| the utility in the proceeding: | ||
| (1) seeks to increase the rates of ratepayers who | ||
| reside in the county by more than 25 percent; or | ||
| (2) serves more than 3,000 ratepayers who reside in | ||
| the county. | ||
| SECTION 4. The change in law made by this Act applies only | ||
| to an original rate proceeding in which the initial hearing is held | ||
| on or after September 1, 2013. A proceeding in which the initial | ||
| hearing is held before September 1, 2013, is governed by the law in | ||
| effect immediately before the effective date of this Act, and that | ||
| law is continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2013. | ||