Texas Register, Volume 6, Number 9, Pages 531-596, February 6, 1981 Page: 563
531-596 p. ; 28 cm.View a full description of this periodical.
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SlDOPTEb RULE
563Chapter 353. Water Rates
The Texas Water D)evelopment Hoard adopts 353.1-353.7
(156.08.00.001-.007) of this title (relating to Water Rates).
Tiese sections are adopted under t1e authority of Sections
5.131 and 5.132. Texas Water ('ode.
.5.? 1 ,15: OS O00 It Purposw The sections in this
subcl-apter are intended to out line tle manner of pleadings
and procedures to be followed in regard to t -e rate-fixing
aut ority of t he department under ('lapters 11 and 12 of tie
Texas Water ('ode.
.:5. 2 15il 0S O0 002, lk'inattont TIe following words
and terms. wien used in tiis chapter, slall hIave the follow-
ing meanings, unless ti-e context clearly indicates ot herwise.
Rate- .\ny price or charge made for water, for th e pro-
"vidinrg of water service. or for making water service available.
including any contract provision relating to or affecting the
price or charge.
Water customer- -.\ person receiving or using water or
asserting a right to receive or use water from a water sup-
plier.
Water supplier--.\ person wlio owns. controls, ,or sup-
plies water in a manner subject to tIe rate-fixing jurisdict ion
of th e department.
:.':.1.1 , l:5 OS 00 00.1 Pei/ton 'or Rate Review Any
water customer or water supplier may present to the depart-
ment. by filing with the executive director, a written petition.
I) If t he petitioner is a water cust omer, the petit ion
shall show t ie following:
.\) itat ie petitioner is entitled to receive or use
tie water;
(li that tle petitioner is willing and able to pay a
reasonable and just price for t ie water;
((') that the water supplier owning or controlling
the water supply has a contract or ot her legal duty to supply
water to tie water customer or hIas water not contracted to
others and available for t ie water customer's use; and
I)) that tle water supplier owrning or controlling
the water supply fails or refuses to supply tie available water
to the petitioner or tiat the rate demanded for tle available
water is unreasonable or unjustly discriminatory.
(21 If t Ie pet it inner is a water supplier, the pet it ion
shall sl-ow t ie following:
(.\ t lat t ie petit inner supplies or has supplied the
water:
li Itiat the petitioner is willing to be paid a
reasonable and just price for the water; and
(') itat ti-e rate tendered, if any. for the water is
unreasonable or unjustly discriminatory.
.15. 1 1:1 , OS 001, A-poit TIe petition shall be accom-
parnied by a deposit of $25.
5./i : : Ii 60 0005, N/'e or ' Pti/to n Immediately
upon the filing of a petition and deposit in accordance wit l.
353.3 and 353.4 i.003 and .004) (f this title (relating to
Petition for Rate Review and ID)eposit). tie petitioner siall
transcript by certified mail. return receipt requested, a copy of
the petition to t-e water supplier or water customer com-
plained of t lerein. Proof of service siall be filed with the ex-
ecutive director as soon as is practicable..3.. ti 1i o5n O1 00 Oi Re'quired Filin/ug-;
(a) I'nless extended by tie executive director, within
30 days from receipt of a copy of a petition filed by a water
customer. tIle water supplier slall submit to the executive
director will service of copies by certified mail. return
receipt requested, to, t ie water customer, t le following infor-
mation and data:
(1) copy of contract, if any. between the water sup-
plier and water customer;
(2) copy of contract, ifany, throug- which the water
supplier purchases water for resale from anot her person;
13) copies of tle three most recent annual financial
statements of tie water supplier including balance sheets
and income and expense statements;
14) information relating to utility reserves, bond
coverage requirements. other debt service requirements,
sinking fund reserves, and depreciation reserves;
.;I complete rate schedule or tiher information
relating to categories of prices of the water supplier broken
down by customer or class of customer,
16) consumption figures bot . volume and demand for
the system as a whole, for tie water customer, and for the
class of customer. if any. to wl'ici, tie water customer
belongs;
(7) if available. summary of overall cost of service to
the water customer or class of customer to which the water
customer belongs;
8) if available. breakdown of assets or portions of
assets used or useful in providing service to the water
customer or class of customer to whici, the water customer
belongs:
1) if available. breakdown of operation and mainte-
nance expenses or port ions thereof incurred in providing ser-
vice to tie water customer or class of customer to which the
water customer belongs; and
110) at i 'e supplier's opt ionr. a summary of noncost (of
service considerations, if any. constituting a reasonable basis
for tie rate charged together witi information documenting
su'<+ considerations.
ibi Wiere the petition is filed by the water supplier, Ihe
information set out in subsection a) of this section shall ac-
company t he petition.
(c) Tie executive director may require the water sup-
plier or the water customer to file such other information as
necessary to complete His investigation.
(d) Tie party against whom the complaint is filed may
file an answer to tie petition wti-in 30 days from receipt ofa
copy of tie petition and serve a copy of the answer on the
pet it iner.
.'15. 7 , :15 0 S 00 b'inding, o/ Pr,,/lmble Grounds
(a) Upon receipt of tie information required in 333.6
(.006) of this title (relating to Required Filings), the execu-
tive director si all have a preliminary investigation of the
petition made and determined whether or not probable
grounds exist for tie petition.
tb) If after preliminary investigation, the executive
director determines that no probable grounds exist for the
petition, le shall issue an order so finding and dismiss the
petition for lack of probable grounds. Where the petition is
filed by tie water supplier, the executive director may dis-
miss tie petition for failure to submit tie required filings
under 353.6 (.006) of tifis title (relating to Required Filings).
Ic) If after preliminary investigation, the executive
director determines tha: probable grounds exist for the peti-l ;on* t, .1'nvbhr 9 Vertvr-n ) lis 1
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Texas. Secretary of State. Texas Register, Volume 6, Number 9, Pages 531-596, February 6, 1981, periodical, February 6, 1981; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244404/m1/33/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.