Texas Water Code

§ 13.043 — APPELLATE JURISDICTION

WA § 13.043Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 13. WATER RATES AND SERVICES · Art. C. JURISDICTION

Statute text

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(a)Any party to a rate proceeding before the governing body of a municipality may appeal the decision of the governing body to the utility commission. This subsection does not apply to a municipally owned utility. An appeal under this subsection must be initiated within 90 days after the date of notice of the final decision by the governing body, or within 30 days if the appeal relates to the rates of a Class A utility, by filing a petition for review with the utility commission and by serving copies on all parties to the original rate proceeding. The utility commission shall hear the appeal de novo and shall fix in its final order the rates the governing body should have fixed in the action from which the appeal was taken and may include reasonable expenses incurred in the appeal proceedings. The utility commission may establish the effective date for the utility commission's rates at the original effective date as proposed by the utility provider and may order refunds or allow a surcharge to recover lost revenues. The utility commission may consider only the information that was available to the governing body at the time the governing body made its decision and evidence of reasonable expenses incurred in the appeal proceedings.

(b)Ratepayers of the following entities may appeal the decision of the governing body of the entity affecting their water, drainage, or sewer rates to the utility commission:

(1)a nonprofit water supply or sewer service corporation created and operating under Chapter 67;

(2)a utility under the jurisdiction of a municipality inside the corporate limits of the municipality;

(3)a municipally owned utility, if the ratepayers reside outside the corporate limits of the municipality, including a decision of a governing body that results in an increase in rates when the municipally owned utility takes over the provision of service to ratepayers previously served by another retail public utility;

(4)a district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution that provides water or sewer service to household users;

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 9.01, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.15, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 15, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 853 (S.B. 1148), Sec. 4, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 279 (H.B. 3689), Sec. 1, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 367 (S.B. 387), Sec. 1, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 1025 (H.B. 872), Sec. 5, eff. June 18, 2021. Acts 2023, 88th Leg., R.S., Ch. 1051 (S.B. 317), Sec. 1, eff. June 18, 2023. Acts 2025, 89th Leg., R.S., Ch. 90 (S.B. 1169), Sec. 13, eff. May 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 776 (S.B. 740), Sec. 3, eff. September 1, 2025.