In this chapter, the following definitions apply unless the
context indicates otherwise.
(1) Affected county--A county that:
(A) Has a per-capita income that averaged 25% below
the state average for the most recent three consecutive years for
which statistics are available and an unemployment rate that averaged
25% above the state average for the most recent three consecutive
years for which statistics are available;
(B) Has an international border;
(C) Is located in whole or in part within 100 miles
of an international border and contains a majority of the area of
a municipality with a population of more than 250,000; or
(D) Has an economically distressed area which has a
median household income that is not greater than 75% of the median
state household income.
(2) Affected person--Any landowner within an area for
which a certificate of public convenience and necessity is filed,
any retail public utility affected by any action of the regulatory
authority, any person or corporation whose utility service or rates
are affected by any proceeding before the regulatory authority, or
any person or corporation that is a competitor of a retail public
utility with respect to any service performed by the retail public
utility or that desires to enter into competition.
(3) Affiliated interest or affiliate--
(A) any person or corporation owning or holding directly
or indirectly 5.0% or more of the voting securities of a utility;
(B) any person or corporation in any chain of successive
ownership of 5.0% or more of the voting securities of a utility;
(C) any corporation owning or holding 5.0% or more
of the voting securities of which is owned or controlled directly
or indirectly by a utility;
(D) any corporation owning or holding 5.0% or more
of the voting securities of which is owned or controlled directly
or indirectly by any person or corporation that owns or controls directly
or indirectly 5.0% or more of the voting securities of any utility
or by any person or corporation in any chain of successive ownership
of 5.0% of those utility securities;
(E) any person who is an officer or director of a utility
or of any corporation in any chain of successive ownership of 5.0%
or more of voting securities of a public utility;
(F) any person or corporation that the commission,
after notice and hearing, determines actually exercises any substantial
influence or control over the policies and actions of a utility or
over which a utility exercises such control or that is under common
control with a utility, such control being the possession directly
or indirectly of the power to direct or cause the direction of the
management and policies of another, whether that power is established
through ownership or voting of securities or by any other direct or
indirect means; or
(G) any person or corporation that the commission,
after notice and hearing, determines is exercising substantial influence
over the policies and actions of the utility in conjunction with one
or more persons or corporations with which they are related by ownership
or blood relationship, or by action in concert, that together they
are affiliated within the meaning of this section, even though no
one of them alone is so affiliated.
(4) Billing period--The period between meter-reading
dates for which a bill is issue or, if usage is not metered, the period
between bill issuance dates.
(5) Class A Utility--A public utility that provides
retail water or sewer utility service to 10,000 or more taps or active
connections. If a public utility provides both water and sewer utility
service, the number of active water connections determines how the
utility is classified.
(6) Class B Utility--A public utility that provides
retail water or sewer utility service to 2,300 or more taps or active
connections but fewer than 10,000 taps or active connections. If a
public utility provides both water and sewer utility service, the
number of active water connections determines how the utility is classified.
(7) Class C Utility--A public utility that provides
retail water or sewer utility service to 500 or more taps or active
connections but fewer than 2,300 taps or active connections. If a
public utility provides both water and sewer utility service, the
number of active water connections determines how the utility is classified.
(8) Class D Utility--A public utility that provides
retail water or sewer utility service to fewer than 500 taps or active
connections. If a public utility provides both water and sewer utility
service, the number of active water connections determines how the
utility is classified.
(9) Commission--The Public Utility Commission of Texas.
(10) Corporation--Any corporation, joint-stock company,
or association, domestic or foreign, and its lessees, assignees, trustees,
receivers, or other successors in interest, having any of the powers
or privileges of corporations not possessed by individuals or partnerships,
but does not include municipal corporations unless expressly provided
in TWC chapter 13.
(11) Customer--Any entity that purchases services from
a retail public utility.
(12) Customer class--A group of customers with similar
cost-of-service characteristics that take utility service under a
single set of rates.
(13) Customer service line--The pipe connecting the
water meter to the customer's point of use or the pipe that conveys
sewage from the customer's premises to the service provider's service
line.
(14) District--District has the meaning assigned to
it by TWC §49.001(a).
(15) Facilities--All the plant and equipment of a retail
public utility, including all tangible and intangible real and personal
property without limitation, and any and all means and instrumentalities
in any manner owned, operated, leased, licensed, used, controlled,
furnished, or supplied for, by, or in connection with the business
of any retail public utility.
(16) Inactive connection--A water or wastewater connection
is considered to be inactive when the ability to provide water or
wastewater service is either physically removed or permanently closed.
(17) Incident of tenancy--Water or sewer service provided
to tenants of rental property for which no separate or additional
service fee is charged other than the rental payment.
(18) Landowner--An owner or owners of a tract of land.
(19) Member--A person who holds a membership in a water
supply or sewer service corporation and who is a record owner of a
fee simple title to property in an area served by a water supply or
sewer service corporation, or a person who is granted a membership
and who either currently receives or will be eligible to receive water
or sewer utility service from the corporation. In determining member
control of a water supply or sewer service corporation, a person is
entitled to only one vote regardless of the number of memberships
the person owns.
(20) Minimum Monthly Charge--The fixed amount billed
to a customer each month even if the customer uses no water or wastewater.
(21) Municipality--Cities organized under the general,
home rule, or special laws of this state.
(22) Municipally owned utility--Any retail public utility
owned, operated, and controlled by a municipality or by a nonprofit
corporation whose directors are appointed by one or more municipalities.
(23) Nonfunctioning system or utility--A system that
is operating as a retail public utility and:
(A) is required to have a CCN and is operating without
a CCN; or
(B) is under supervision in accordance with §24.353
of this title (relating to Supervision of Certain Utilities); or
(C) is under the supervision of a receiver, temporary
manager, or has been referred for the appointment of a temporary manager
or receiver, in accordance with §24.355 of this title (relating
to Operation of Utility that Discontinues Operation or Is Referred
for Appointment of a Receiver) and §24.357 of this title (relating
to Operation of a Utility by a Temporary Manager).
(24) Person--Natural persons, partnerships of two or
more persons having a joint or common interest, mutual or cooperative
associations, water supply or sewer service corporations, and corporations.
(25) Point of use--The primary service connection point
where water is used or sewage is generated.
(26) Potable water--Water that is suitable for drinking.
(27) Potential connections--Total number of active
plus inactive connections.
(28) Premises--A tract of land or real estate including
buildings and other appurtenances thereon.
Cont'd... |
