| (a) After providing a utility with notice and an opportunity
for a hearing, the commission may appoint a willing person, municipality,
or political subdivision to temporarily manage and/or operate a utility
that:
(1) has discontinued or abandoned operations or the
provision of services; or
(2) is being referred to the attorney general for the
appointment of a receiver under TWC §13.412 for:
(A) having expressed an intent to abandon or abandoned
operation of its facilities;
(B) having violated a final order of the commission;
(C) having allowed any property owned or controlled
by it to be used in violation of a final order of the commission;
or
(D) having violated a final judgment issued by a district
court in a suit brought by the attorney general under:
(i) Chapter 13, Texas Water Code;
(ii) Chapter 7, Texas Water Code; or
(iii) Chapter 341, Texas Health and Safety Code.
(b) Appointment under this section may be by emergency
order under chapter 22, subchapter P of this title (relating to Emergency
Orders for Water Utilities). A corporation may be appointed as a temporary
manager.
(c) Abandonment includes, but is not limited to:
(1) failure to pay a bill or obligation owed to a retail
public utility or to an electric or gas utility with the result that
the utility service provider has issued a notice of discontinuance
of necessary services;
(2) failure to provide appropriate water or wastewater
treatment so that a potential health hazard results;
(3) failure to adequately maintain facilities or provide
sufficient facilities resulting in potential health hazards, extended
outages, or repeated service interruptions;
(4) failure to provide customers adequate notice of
a health hazard or potential health hazard;
(5) failure to secure an alternative available water
supply during an outage;
(6) displaying a pattern of hostility toward or repeatedly
failing to respond to the commission or the utility's customers; and
(7) failure to provide the commission or its customers
with adequate information on how to contact the utility for normal
business and emergency purposes.
(d) This section does not affect the authority of the
commission to pursue an enforcement claim against a utility or an
affiliated interest.
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