The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) Affected county--A county to which Texas Local
Government Code, Chapter 232, Subchapter B, applies.
(2) Agency--Any state board, commission, department,
or officer having statewide jurisdiction (other than an agency wholly
financed by federal funds, the legislature, the courts, the Texas
Department of Insurance, Division of Workers' Compensation, and institutions
for higher education) which makes rules or determines contested cases.
(3) Certificate of Convenience and Necessity--A permit
issued by the Public Utility Commission of Texas which authorizes
and obligates a retail public utility to furnish, make available,
render, or extend continuous and adequate retail water or sewer utility
service to a specified geographic area.
(4) Code--The Texas Water Code.
(5) 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
and privileges of corporations not possessed by individuals or partnerships,
but shall not include municipal corporations unless expressly provided
otherwise in the Texas Water Code.
(6) Customer--Any person, firm, partnership, corporation,
municipality, cooperative, organization, or governmental agency provided
with services by any retail public utility.
(7) Mandatory water use reduction--The temporary reduction
in the use of water imposed by court order, government agency, or
other authority with appropriate jurisdiction. This does not include
water conservation measures that seek to reduce the loss or waste
of water, improve the efficiency in the use of water, or increase
the recycling or reuse of water so that a water supply is made available
for future or alternative uses.
(8) Nonfunctioning system--A retail public utility
under the supervision of a receiver, temporary manager, or that has
been referred for the appointment of a temporary manager or receiver,
pursuant to §291.142 of this title (relating to Operation of
Utility That Discontinues Operation or Is Referred for Appointment
of a Receiver) and §291.143 of this title (relating to Operation
of a Utility by a Temporary Manager).
(9) Person--Any natural person, partnership, cooperative
corporation, association, or public or private organization of any
character other than an agency or municipality.
(10) Potable water--Water that is used for or intended
to be used for human consumption or household use.
(11) Public utility--The definition of public utility
is that definition given to "Water and sewer utility" in this section.
(12) Purchased sewage treatment--Sewage treatment purchased
from a source outside the retail public utility's system to meet system
requirements.
(13) Purchased water--Raw or treated water purchased
from a source outside the retail public utility's system to meet system
demand requirements.
(14) Retail public utility--Any person, corporation,
public utility, water supply or sewer service corporation, municipality,
political subdivision, or agency operating, maintaining, or controlling
in this state facilities for providing potable water service or sewer
service, or both, for compensation.
(15) Safe drinking water revolving fund--The fund established
by the Texas Water Development Board to provide financial assistance
in accordance with the federal program established under the provisions
of the Safe Drinking Water Act and as defined in Texas Water Code, §15.602.
(16) Service--Any act performed, anything furnished
or supplied, and any facilities or lines committed or used by a retail
public utility in the performance of its duties under the Texas Water
Code to its patrons, employees, other retail public utilities, and
the public, as well as the interchange of facilities between two or
more retail public utilities.
(17) Water and sewer utility--Any person, corporation,
cooperative corporation, affected county, or any combination of those
persons or entities, other than a municipal corporation, water supply
or sewer service corporation, or a political subdivision of the state,
except an affected county, or their lessees, trustees, and receivers,
owning or operating for compensation in this state equipment or facilities
for the production, transmission, storage, distribution, sale, or
provision of potable water to the public or for the resale of potable
water to the public for any use or for the collection, transportation,
treatment, or disposal of sewage or other operation of a sewage disposal
service for the public, other than equipment or facilities owned and
operated for either purpose by a municipality or other political subdivision
of this state or a water supply or sewer service corporation, but
does not include any person or corporation not otherwise a public
utility that furnishes the services or commodity only to itself or
its employees or tenants as an incident of that employee service or
tenancy when that service or commodity is not resold to or used by
others.
(18) Water use restrictions--Restrictions implemented
to reduce the amount of water that may be consumed by customers of
the system due to emergency conditions or drought.
(19) Wholesale water or sewer service--Potable water
or sewer service, or both, provided to a person, political subdivision,
or municipality who is not the ultimate consumer of the service.
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| Source Note: The provisions of this §291.3 adopted to be effective October 9, 1990, 15 TexReg 4019; amended to be effective January 10, 1996, 21 TexReg 114; amended to be effective September 20, 1996, 21 TexReg 8728; amended to be effective February 4, 1999, 24 TexReg 738; amended to be effective October 19, 2000, 25 TexReg 10367; amended to be effective January 5, 2006, 30 TexReg 8958; amended to be effective July 10, 2008, 33 TexReg 5327; amended to be effective February 19, 2009, 34 TexReg 1090; amended to be effective January 3, 2019, 43 TexReg 8617 |
