83R10734 JAM-D
 
  By: Burnam H.B. No. 3607
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the submission and enforcement of system water loss
  audits performed by certain retail public utilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.0121, Water Code, is amended by
  amending Subsections (b), (c), and (f) and adding Subsection (g) to
  read as follows:
         (b)  A [Except as provided by Subsection (b-1), a] retail
  public utility providing potable water [that receives from the
  board financial assistance] shall perform, review, and file with
  the board an annual water audit computing the utility's system
  water loss during the preceding year.
         (c)  The board shall develop appropriate methodologies and
  submission dates for a water audit required under Subsection (b)
  [or (b-1)] for the following categories of retail public utilities:
               (1)  retail public utilities serving populations of
  100,000 or more;
               (2)  retail public utilities serving populations of
  50,000 or more but less than 100,000;
               (3)  retail public utilities serving populations of
  more than 10,000 but less than 50,000; and
               (4)  retail public utilities serving populations of
  10,000 or less.
         (f)  The board shall compile the information included in the
  water audits required by Subsection [Subsections] (b) [and (b-1)]
  according to category of retail public utility and according to
  regional water planning area.  The regional planning group for a
  regional planning area shall use the information to identify
  appropriate water management strategies in the development of a
  regional water plan under Section 16.053.
         (g)  The board may notify the commission if the board
  determines that an entity has violated this section.  
  Notwithstanding Section 7.051(b), a violation of this section is
  enforceable in the manner provided by Chapter 7 for a violation of a
  provision of this code within the commission's jurisdiction or of a
  rule adopted by the commission under a provision of this code within
  the commission's jurisdiction.
         SECTION 2.  Section 16.0121(b-1), Water Code, is repealed.
         SECTION 3.  Not later than May 1, 2015, a retail public
  utility providing potable water that does not receive financial
  assistance from the Texas Water Development Board shall file with
  the board the first annual water audit required by Section 16.0121,
  Water Code, as amended by this Act. The water audit must compute
  the utility's most recent annual system water loss.
         SECTION 4.  This Act takes effect September 1, 2013.