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Chapter 13

Water Rates and Services

Subchapter A. General Provisions

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

Subchapter B. Administrative Provisions

13.011 Employees 13.014 Attorney General to Represent Commission or Utility Commission 13.015 Informal Proceeding 13.016 Record of Proceedings; Right to Hearing 13.017 Office of Public Utility Counsel; Powers and Duties

Subchapter C. Jurisdiction

13.041 General Powers of Utility Commission and Commission; Rules; Hearings 13.042 Jurisdiction of Municipality; Original and Appellate Jurisdiction of Utility Commission 13.0421 Rates Charged by Certain Municipally Owned Utilities 13.043 Appellate Jurisdiction 13.0431 Appeals by Retail Public Utilities 13.044 Rates Charged by Municipality to Certain Special Districts 13.0441 Fees Charged by Municipality to Public School Districts 13.045 Notification Regarding Use of Revenue 13.046 Temporary Rates for Services Provided for Nonfunctioning System; Sanctions for Noncompliance

Subchapter D. Municipalities and Counties

13.081 Franchises 13.082 Local Utility Service; Exempt and Nonexempt Areas 13.083 Rate Determination 13.084 Authority of Governing Body; Cost Reimbursement 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

Subchapter E. Records, Reports, Inspections, Rates, and Services

13.131 Records of Utility; Rates, Methods, and Accounts 13.132 Powers of Utility Commission 13.1325 Electronic Copies of Rate Information 13.133 Inspections; Examination under Oath; Compelling Production of Records; Inquiry into Management and Affairs 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; Annual Financial Report 13.137 Office and Other Business Locations of Utility; Records; Removal from State 13.138 Communications by Utilities with Regulatory Authority; Regulations and Records 13.139 Standards of Service 13.1394 Standards of Emergency Operations 13.1395 Standards of Emergency Operations in Certain Counties 13.1396 Coordination of Emergency Operations 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 13.1461 Correctional Facility Compliance with Conservation Measures 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 Billing for Recreational Vehicle Parks 13.153 Initiation, Transfer, or Termination of Service

Subchapter F. Proceedings Before Regulatory Authority

13.181 Power to Ensure Compliance; Rate Regulation 13.182 Just and Reasonable Rates 13.183 Fixing Overall Revenues 13.1831 Test Year 13.184 Fair Return; Burden of Proof 13.185 Components of Invested Capital and Net Income 13.186 Unreasonable or Violative Existing Rates; Investigating Costs of Obtaining Service from Another Source 13.1861 Rates Charged State 13.187 Class a Utilities: Statement of Intent to Change Rates; Hearing; Determination of Rate Level 13.1871 Class B Utilities: Statement of Intent to Change Rates; Hearing; Determination of Rate Level 13.18715 Class C Utilities: Statement of Intent to Change Rates; Hearing; Determination of Rate Level 13.1872 Class D Utilities: Rate Adjustment 13.1873 Application Rules 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; Restriction on Competition 13.192 Payments in Lieu of Taxes

Subchapter G. Certificates of Convenience and Necessity

13.241 Granting Certificates 13.242 Certificate Required 13.243 Exceptions for Extension of Service 13.244 Application; Maps and Other Information; Evidence and Consent 13.245 Municipal Boundaries or Extraterritorial Jurisdiction of Certain Municipalities 13.2451 Extension Beyond Extraterritorial Jurisdiction 13.246 Notice and Hearing; Issuance or Refusal; Factors Considered 13.247 Area Within Municipality 13.2475 Certificates of Public Convenience and Necessity to Provide Sewer Service in Certain Municipalities 13.248 Contracts Valid and Enforceable 13.250 Continuous and Adequate Service; Discontinuance, Reduction, or Impairment of Service 13.2501 Conditions Requiring Refusal of Service 13.2502 Service Extensions by Water Supply and Sewer Service Corporation or Special Utility District 13.251 Sale, Assignment, or Lease of Certificate 13.252 Interference with Other Retail Public Utility 13.253 Improvements in Service; Interconnecting Service 13.254 Decertification Initiated by Utility Commission or Utility; Expedited Release Initiated by Landowner 13.2541 Streamlined Expedited Release Initiated by Landowner 13.255 Single Certification in Incorporated or Annexed Areas 13.2551 Completion of Decertification 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

Subchapter H. Sale of Property and Mergers

13.301 Report of Sale, Merger, Etc.; Investigation; Disallowance of Transaction 13.3011 Initial Rates for Certain Water or Sewer Systems After Purchase or Acquisition 13.302 Purchase of Voting Stock in Another Public Utility: Report 13.3021 Sales, Transfers, and Mergers for Certain Retail Public Utilities 13.303 Loans to Stockholders: Report 13.304 Foreclosure Report 13.305 Voluntary Valuation of Acquired Utility or Facilities

Subchapter I. Relations with Affiliated Interests

13.341 Jurisdiction Over Affiliated Interests 13.342 Disclosure of Substantial Interest in Voting Securities 13.343 Wholesale Water Contracts Between Certain Affiliates

Subchapter J. Judicial Review

13.381 Right to Judicial Review; Evidence 13.382 Costs and Attorney's Fees

Subchapter K. Violations and Enforcement

13.411 Action to Enjoin or Require Compliance 13.4115 Action to Require Adjustment to Consumer Charge; Penalty 13.412 Receivership 13.413 Payment of Costs of Receivership 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 13.414 Penalty Against Retail Public Utility or Affiliated Interest 13.415 Personal Penalty 13.4151 Administrative Penalty 13.416 Penalties Cumulative 13.417 Contempt Proceedings 13.418 Disposition of Fines and Penalties; Water Utility Improvement Account 13.419 Venue

Subchapter K-1. Emergency Orders

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

Subchapter M. Submetering and Nonsubmetering for Apartments and Manufactured Home Rental Communities and Other Multiple Use Facilities

13.501 Definitions 13.502 Submetering 13.503 Submetering Rules 13.5031 Nonsubmetering Rules 13.504 Improper Rental Rate Increase 13.505 Restitution 13.5051 Simplified Complaint Process 13.506 Plumbing Fixtures

Subchapter N. Privatization Contracts

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