Tex. Water Code Section 13.041
General Powers of Utility Commission and Commission; Rules; Hearings


(a)

The utility commission may regulate and supervise the business of each water and sewer utility within its jurisdiction, including ratemaking and other economic regulation. The commission may regulate water and sewer utilities within its jurisdiction to ensure safe drinking water and environmental protection. The utility commission and the commission may do all things, whether specifically designated in this chapter or implied in this chapter, necessary and convenient to the exercise of these powers and jurisdiction. The utility commission may consult with the commission as necessary in carrying out its duties related to the regulation of water and sewer utilities.

(b)

The commission and the utility commission shall adopt and enforce rules reasonably required in the exercise of powers and jurisdiction of each agency, including rules governing practice and procedure before the commission and the utility commission.

(c)

The commission and the utility commission may call and hold hearings, administer oaths, receive evidence at hearings, issue subpoenas to compel the attendance of witnesses and the production of papers and documents, and make findings of fact and decisions with respect to administering this chapter or the rules, orders, or other actions of the commission or the utility commission.

(c-1)

In addition to the powers and duties of the State Office of Administrative Hearings under Title 2, Utilities Code, the utility commission may delegate to an administrative law judge of the State Office of Administrative Hearings the responsibility and authority to issue interlocutory orders related to interim rates under this chapter.

(d)

In accordance with Subchapter K-1, the utility commission may issue emergency orders, with or without a hearing:

(1)

to compel a retail public utility that has obtained or is required to obtain a certificate of public convenience and necessity to provide continuous and adequate water service, sewer service, or both, if the discontinuance of the service is imminent or has occurred because of the retail public utility’s actions or failure to act; and

(2)

to compel a retail public utility to provide an emergency interconnection with a neighboring retail public utility for the provision of temporary water or sewer service, or both, for not more than 90 days if service discontinuance or serious impairment in service is imminent or has occurred.

(e)

The utility commission may establish reasonable compensation for the temporary service required under Subsection (d)(2) and may allow the retail public utility receiving the service to make a temporary adjustment to its rate structure to ensure proper payment.

(f)

If an order is issued under Subsection (d) without a hearing, the order shall fix a time, as soon after the emergency order is issued as is practicable, and place for a hearing to be held before the utility commission.

(g)

The regulatory assessment required by Section 5.701 (Fees)(n) is not a rate and is not reviewable by the utility commission under Section 13.043 (Appellate Jurisdiction). The commission has the authority to enforce payment and collection of the regulatory assessment.

(h)

In accordance with Subchapter L (Emergency and Temporary Order or Permit; Temporary Suspension or Amendment of Permit Condition), Chapter 5 (Special Law Districts), the commission may issue emergency orders, with or without a hearing:

(1)

to compel a retail public utility that has obtained a certificate of public convenience and necessity to provide water or sewer service, or both, that complies with all statutory and regulatory requirements of the commission if necessary to ensure safe drinking water or environmental protection; and

(2)

to compel a retail public utility to provide an emergency interconnection with a neighboring retail public utility for the provision of temporary water or sewer service, or both, for not more than 90 days if necessary to ensure safe drinking water or environmental protection.

(i)

On request by the commission, the utility commission may, on an expedited basis, establish reasonable compensation for the temporary service required under Subsection (h)(2) and may allow the retail public utility receiving the service to make a temporary adjustment to its rate structure to ensure proper payment.

(j)

If an order is issued under Subsection (h) without a hearing, notice of a hearing under Section 5.504 (Hearing to Affirm, Modify, or Set Aside Order) to affirm, modify, or set aside the order is adequate if the notice is mailed or hand delivered to the last known address of the retail public utility’s headquarters.
Added by Acts 1985, 69th Leg., ch. 795, Sec. 3.005, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 539, Sec. 5, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 567, Sec. 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 4.02, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.13, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 13, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 3, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 967 (S.B. 700), Sec. 2, eff. September 1, 2019.

Source: Section 13.041 — General Powers of Utility Commission and Commission; Rules; Hearings, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­13.­htm#13.­041 (accessed Dec. 2, 2023).

13.001
Legislative Policy and Purpose
13.002
Definitions
13.003
Applicability of Administrative Procedure and Texas Register Act
13.004
Jurisdiction of Utility Commission over Certain Water Supply or Sewer Service Corporations
13.011
Employees
13.014
Attorney General to Represent Commission or Utility Commission
13.015
Informal Proceeding
13.016
Record of Proceedings
13.017
Office of Public Utility Counsel
13.041
General Powers of Utility Commission and Commission
13.042
Jurisdiction of Municipality
13.043
Appellate Jurisdiction
13.044
Rates Charged by Municipality to Certain Special Districts
13.045
Notification Regarding Use of Revenue
13.046
Temporary Rates for Services Provided for Nonfunctioning System
13.081
Franchises
13.082
Local Utility Service
13.083
Rate Determination
13.084
Authority of Governing Body
13.085
Assistance by Utility Commission
13.086
Fair Wholesale Rates for Wholesale Water Sales to a Water District
13.087
Municipal Rates for Certain Recreational Vehicle Parks
13.088
Municipal Fees for Public School Districts
13.131
Records of Utility
13.132
Powers of Utility Commission
13.133
Inspections
13.134
Report of Advertising or Public Relations Expenses
13.135
Unlawful Rates, Rules, and Regulations
13.136
Filing Tariffs of Rates, Rules, and Regulations
13.137
Office and Other Business Locations of Utility
13.138
Communications by Utilities with Regulatory Authority
13.139
Standards of Service
13.140
Examination and Test of Equipment
13.141
Billing for Service to State
13.142
Time of Payment of Utility Bills by State
13.143
Voluntary Contributions
13.144
Notice of Wholesale Water Supply Contract
13.146
Water Conservation Plan
13.147
Consolidated Billing and Collection Contracts
13.148
Water Shortage Report
13.149
Notification of Water Loss
13.150
Reports Required for Water and Sewer Utilities
13.151
Billing for Services Provided During Extreme Weather Emergency
13.152
Initiation, Transfer, or Termination of Service
13.181
Power to Ensure Compliance
13.182
Just and Reasonable Rates
13.183
Fixing Overall Revenues
13.184
Fair Return
13.185
Components of Invested Capital and Net Income
13.186
Unreasonable or Violative Existing Rates
13.187
Class a Utilities: Statement of Intent to Change Rates
13.188
Adjustment for Change in Energy Costs
13.189
Unreasonable Preference or Prejudice as to Rates or Services
13.190
Equality of Rates and Services
13.191
Discrimination
13.192
Payments in Lieu of Taxes
13.241
Granting Certificates
13.242
Certificate Required
13.243
Exceptions for Extension of Service
13.244
Application
13.245
Municipal Boundaries or Extraterritorial Jurisdiction of Certain Municipalities
13.246
Notice and Hearing
13.247
Area Within Municipality
13.248
Contracts Valid and Enforceable
13.250
Continuous and Adequate Service
13.251
Sale, Assignment, or Lease of Certificate
13.252
Interference with Other Retail Public Utility
13.253
Improvements in Service
13.254
Decertification Initiated by Utility Commission or Utility
13.255
Single Certification in Incorporated or Annexed Areas
13.256
County Fee
13.257
Notice to Purchasers
13.258
Utility’s Application for Amendment and Use of Municipal Utility District’s Certificate Under Contract
13.301
Report of Sale, Merger, Etc
13.302
Purchase of Voting Stock in Another Public Utility: Report
13.303
Loans to Stockholders: Report
13.304
Foreclosure Report
13.305
Voluntary Valuation of Acquired Utility or Facilities
13.341
Jurisdiction over Affiliated Interests
13.342
Disclosure of Substantial Interest in Voting Securities
13.343
Wholesale Water Contracts Between Certain Affiliates
13.381
Right to Judicial Review
13.382
Costs and Attorney’s Fees
13.411
Action to Enjoin or Require Compliance
13.412
Receivership
13.413
Payment of Costs of Receivership
13.414
Penalty Against Retail Public Utility or Affiliated Interest
13.415
Personal Penalty
13.416
Penalties Cumulative
13.417
Contempt Proceedings
13.418
Disposition of Fines and Penalties
13.419
Venue
13.0421
Rates Charged by Certain Municipally Owned Utilities
13.0431
Appeals by Retail Public Utilities
13.0441
Fees Charged by Municipality to Public School Districts
13.451
Issuance of Emergency Order
13.452
Application for Emergency Order
13.453
Notice of Issuance
13.454
Hearing to Affirm, Modify, or Set Aside Order
13.455
Term of Order
13.501
Definitions
13.502
Submetering
13.503
Submetering Rules
13.504
Improper Rental Rate Increase
13.505
Restitution
13.506
Plumbing Fixtures
13.511
Definitions
13.512
Authority to Enter into Privatization Contracts
13.513
Election by Eligible City to Exempt Service Provider from Utility Commission Jurisdiction
13.514
Term and Provisions of a Privatization Contract
13.515
Payments Under a Privatization Contract
13.1325
Electronic Copies of Rate Information
13.1394
Standards of Emergency Operations
13.1395
Standards of Emergency Operations in Certain Counties
13.1396
Coordination of Emergency Operations
13.1461
Correctional Facility Compliance with Conservation Measures
13.1861
Rates Charged State
13.1871
Class B Utilities: Statement of Intent to Change Rates
13.1872
Class D Utilities: Rate Adjustment
13.1873
Application Rules
13.2451
Extension Beyond Extraterritorial Jurisdiction
13.2475
Certificates of Public Convenience and Necessity to Provide Sewer Service in Certain Municipalities
13.2501
Conditions Requiring Refusal of Service
13.2502
Service Extensions by Water Supply and Sewer Service Corporation or Special Utility District
13.2541
Streamlined Expedited Release Initiated by Landowner
13.2551
Completion of Decertification
13.3011
Initial Rates for Certain Water or Sewer Systems After Purchase or Acquisition
13.4115
Action to Require Adjustment to Consumer Charge
13.4131
Supervision of Certain Utilities
13.4132
Operation of Utility that Discontinues Operation or Is Referred for Appointment of Receiver
13.4133
Emergency Rate Increase in Certain Circumstances
13.4151
Administrative Penalty
13.5031
Nonsubmetering Rules
13.18715
Class C Utilities: Statement of Intent to Change Rates

Accessed:
Dec. 2, 2023

§ 13.041’s source at texas​.gov