Tex. Water Code Section 13.046
Temporary Rates for Services Provided for Nonfunctioning System; Sanctions for Noncompliance


(a)

The utility commission by rule shall establish a procedure that allows a retail public utility that takes over the provision of services for a nonfunctioning retail water or sewer utility service provider to charge a reasonable rate for the services provided to the customers of the nonfunctioning system and to bill the customers for the services at that rate immediately to recover service costs.

(b)

The rules must provide a streamlined process that the retail public utility that takes over the nonfunctioning system may use to apply to the utility commission for a ruling on the reasonableness of the rates the utility is charging under Subsection (a). The process must allow for adequate consideration of costs for interconnection or other costs incurred in making services available and of the costs that may necessarily be incurred to bring the nonfunctioning system into compliance with utility commission and commission rules.

(c)

The utility commission shall provide a reasonable period for the retail public utility that takes over the nonfunctioning system to bring the nonfunctioning system into compliance with utility commission and commission rules during which the utility commission or the commission may not impose a penalty for any deficiency in the system that is present at the time the utility takes over the nonfunctioning system. The utility commission must consult with the utility before determining the period and may grant an extension of the period for good cause.

(d)

At the time the utility commission approves the acquisition of a nonfunctioning retail water or sewer utility service provider under Section 13.301 (Report of Sale, Merger, Etc), the utility commission shall:

(1)

determine the duration of the temporary rates for the retail public utility, which must be for a reasonable period; and

(2)

rule on the reasonableness of the temporary rates under Subsection (b) if the utility commission did not make a ruling before the application was filed under Section 13.301 (Report of Sale, Merger, Etc).
Added by Acts 2007, 80th Leg., R.S., Ch. 599 (H.B. 149), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.17, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 17, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 967 (S.B. 700), Sec. 3, eff. September 1, 2019.

Source: Section 13.046 — Temporary Rates for Services Provided for Nonfunctioning System; Sanctions for Noncompliance, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­13.­htm#13.­046 (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

§ 13.046’s source at texas​.gov