| (a) For the purpose of this section, utility service
provider means a public utility, water supply or sewer service corporation
as defined in Texas Water Code (TWC), §13.002, or a district
as defined in TWC, §49.001.
(b) Except as otherwise provided, a utility service
provider which provides potable water or sewer utility service shall
collect a regulatory assessment from each retail customer and remit
such fee to the commission under the provisions of this section.
(c) A utility service provider is prohibited from collecting
a regulatory assessment from the state or a state agency or institution.
(d) The regulatory assessment amount payable to the
commission shall be based on the following:
(1) for a public utility as defined in TWC, §13.002,
1.0% of the charge for retail water and sewer service;
(2) for a water supply or sewer service corporation
as defined in TWC, §13.002, 0.5% of the charge for retail water
and sewer service;
(3) for a district as defined in TWC, §49.001,
0.5% of the charge for retail water and sewer service.
(e) The amount payable to the commission shall be based
on the amounts actually collected by the utility service provider
during the previous calendar year.
(f) The amount payable shall be based on water and
sewer service charges to retail customers only, and shall not be based
on:
(1) associated delinquent, penalty, or interest charges;
(2) tap fees, standby fees, impact fees, extension
fees, capital improvement surcharges, itemized solid waste collection
fees, or other unrelated charges; or
(3) wholesale charges from one utility service provider
to another.
(g) The utility service provider may include the assessment
as a separate line item on a customer's bill or include it in the
retail charge.
(h) The utility service provider shall be responsible
for keeping proper records of the annual retail water and sewer charges
and assessment collections and provide such records to the commission
upon request.
(i) By January 30th of each year, the utility service
provider must ensure the retail water and sewer charges for the 12
months of the previous calendar year are reported through the commission's
designated format.
(1) If the utility service provider does not report
charges for water and sewer services to the commission by January
30th of each year, the commission may issue an invoice based on previously
reported revenues and adjustment based on available information.
(2) If the utility service provider has not previously
reported charges for water and sewer services to the commission, the
commission may issue an invoice in an amount up to $100.
(3) Utility service providers who do not report charges
for water and sewer services to the commission by the January 30th
deadline, and who pay an invoice generated by paragraph (1) or (2)
of this subsection, are not relieved of the requirement to ensure
retail water and sewer charges are reported through the designated
format. Once the utility service provider reports charges for water
and sewer services to the commission through the designated format,
the commission will invoice the utility service provider for the appropriate
amount or issue a refund for any overpayment.
(j) The utility service provider shall pursue collection
of the assessment from the customer in the same manner and with the
same diligence that it pursues collection of other service charges.
(k) Assessments collected in the 12 months prior to
January 1st of each year shall be paid by check, money order, electronic
funds transfer, or through the commission's payment portal, and shall
be made payable to the Texas Commission on Environmental Quality.
If assessments are not received by the invoice due date, penalties
and interest for the late payment of fees shall be assessed in accordance
with Chapter 12 of this title (relating to Payment of Fees).
(l) The regulatory assessment does not apply to water
that has not been treated for the purpose of human consumption.
(m) A utility service provider is exempt from the provisions
of this section if the provider:
(1) does not own and has no responsibility for operation
and maintenance of the facilities necessary in providing water and
sewer utility service, including distribution and collection systems;
(2) does not maintain a security interest in the facilities
necessary in providing water and sewer utility service;
(3) has no authority to set the retail customer's rates;
and
(4) does not make policy decisions regarding water
and sewer services.
(n) If it appears that utility service provider has
violated this section, the commission may request a civil suit to
be brought in a court of competent jurisdiction for injunctive or
other appropriate relief.
(1) At the request of the commission, the attorney
general shall bring and conduct the suit in the name of the state.
(2) The suit may be brought in Travis County or in
the county in which the defendant resides.
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| Source Note: The provisions of this §291.76 adopted to be effective April 15, 1994, 19 TexReg 2300; 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 14, 1997, 22 TexReg 1324; amended to be effective February 4, 1999, 24 TexReg 738; amended to be effective January 3, 2019, 43 TexReg 8617 |
