Texas Administrative Code

All persons desiring to view or use RCRI compiled and maintained by the commission, in its libraries, files, and maps, or within the THSA database must be approved through the commission's application process as defined in § 24.17 and § 24.19 of this title (relating to Restricted…

The following categories of information are Restricted Cultural Resource Information (RCRI). (1) All archeological survey site location and site record information that contains location descriptions, coordinate data, or spatial imagery that would allow an individual to determine…

As specified under the Texas Open Records Act, all information collected and maintained by the commission that is not specifically exempted from release by either a specific exception to the act (Texas Government Code VTCA §552.101), or by previous statute, constitutional amendme…

(a) Qualified applicants meeting one or more of the following criteria may be granted access by the THSA Coordinator: (1) Meet the Secretary of Interior's Professional Qualifications Standards ( 36 CFR Part 61 ) for Archeology. (2) Meet the definition of professional archeologist…

(a) Any of the following will serve to designate a political expenditure in the form of a political contribution made by a corporation or labor organization as restricted to the establishment, administration, maintenance, or operation of a general-purpose committee: (1) A contemp…

(a) Petitions for review of rate actions filed pursuant to the TWC, §13.043(b), shall contain the original petition for review with the required signatures. Each signature page of a petition should contain in legible form the following information for each signatory ratepayer: (1…

A utility which is appealing the action of the governing body of a municipality under the TWC, §13.043, shall not be required to make refunds of any over-collections during the pendency of the appeal. Notes 16 Tex. Admin. Code § 24.105 Former §24.105 adopted to be effective Septe…

(a) Ratepayers seeking commission action under TWC §12.013 should include in a written petition to the commission, the following information: (1) the petitioner's name; (2) the name of the water supplier from which water supply service is received or sought; (3) the specific sect…

(a) Purpose. This section establishes criteria to demonstrate that an owner or operator of a retail public utility has the financial resources to operate and manage the utility and to provide continuous and adequate service to the current and proposed utility service area. (b) Ap…

In any proceeding involving any proposed change of rates, the burden of proof shall be on the provider of water and sewer services to show that the proposed change, if proposed by the retail public utility, or that the existing rate, if it is proposed to reduce the rate, is just …

(a) Who shall file. The recordkeeping, reporting, and filing requirements listed in this section shall apply only to water and sewer utilities, unless otherwise noted in this subchapter. (b) Report attestation. All reports submitted to the commission shall be attested to by an of…

(a) A district or authority created under Texas Constitution, §52, Article III, or §59, Article XVI, a retail public utility, a wholesale water service, or other person providing a retail public utility with a wholesale water supply shall provide the commission with a certified c…

Unless otherwise noted, this subchapter is applicable only to "water and sewer utilities" as defined under Subchapter A of this chapter (relating to General Provisions) and includes affected counties. Notes 16 Tex. Admin. Code § 24.151 Former §24.151 adopted to be effective Septe…

(a) Any customer or service applicant requesting the opportunity to dispute any action or determination of a utility under the utility's customer service rules shall be given an opportunity for a review by the utility. If the utility is unable to provide a review immediately foll…

(a) Grounds for refusal to serve. A utility may decline to serve a service applicant for the following reasons: (1) the service applicant is not in compliance with state or municipal regulations applicable to the type of service requested; (2) the service applicant is not in comp…

(a) Deposit on Tariff. Deposits may only be charged if listed on the utility's approved tariff. (1) Residential service applicants. If a residential service applicant does not establish credit to the satisfaction of the utility, the residential service applicant may be required t…

(a) Except as provided for in subsection (e) of this section, every retail public utility shall serve each qualified service applicant within its certificated area as soon as is practical after receiving a completed application. A qualified service applicant is an applicant who h…

(a) Water Service Connections. (1) Tap Fees. The fees for initiation of service, where no service previously existed, shall be in accordance with the following: (A) The fee charged by a utility for connecting a residential service applicant's premises to the system shall be as st…

(a) Authorized rates. Bills must be calculated according to the rates approved by the regulatory authority and listed on the utility's approved tariff. Unless specifically authorized by the commission, a utility may not apply a metered rate to customers in a subdivision or geogra…

(a) Meter requirements. (1) Use of meter. All charges for water service shall be based on meter measurements, except where otherwise authorized in the utility's approved tariff. (2) Installation by utility. Unless otherwise authorized by the commission, each utility shall provide…

(a) The commission may conduct a public hearing on any application. (b) After proper notice, the commission may take action on an uncontested application at any time after the later of the expiration of the intervention period or for which all interventions are subsequently withd…

(a) Applicability. This section applies to a voluntary arm's length transaction between an acquiring utility and a retail public utility under TWC §13.305 for which approval is required under TWC §13.301. This section does not apply to a transaction between a utility and its affi…

(a) If a utility that is required by law to possess a certificate of convenience and necessity (CCN) receives notice that all or a portion of the utility's or system's facilities or property used to provide utility service is being posted for foreclosure, the utility shall notify…

(a) Any retail public utility which possesses or is required by law to possess a certificate of convenience and necessity or a person who possesses facilities used to provide utility service must provide continuous and adequate service to every customer and every qualified applic…

(a) Any retail public utility that possesses or is required to possess a certificate of convenience and necessity (CCN) and seeks to discontinue, reduce, or impair retail water or sewer utility service, except under the conditions listed in TWC §13.250(b), must file a petition wi…

(a) The petitioner must file a written petition with the commission. The petitioner must serve a copy of the petition on the party against whom the petitioner seeks relief and other appropriate parties. (b) The petition must clearly state the statutory authority which the petitio…

(a) When a petition or appeal is filed, the commission shall determine within 30 days of the filing of the petition or appeal whether the petition contains all of the information required by this subchapter. For purposes of this section only, the initial review of probable ground…

(a) If the commission forwards a petition to the State Office of Administrative Hearings pursuant to § 24.307 (a) and (b) of this title (relating to Commission's Review of Petition or Appeal), the State Office of Administrative Hearings shall conduct an evidentiary hearing on pub…

(a) The commission has jurisdiction over affiliated interests having transactions with utilities under the jurisdiction of the commission to the extent of access to all accounts and records of those affiliated interests relating to such transactions, including, but not limited to…

(a) The commission shall determine the protested rate adversely affects the public interest if after the evidentiary hearing on public interest the commission concludes at least one of the following public interest criteria have been violated: (1) the protested rate impairs the s…

(a) If as a result of the evidentiary hearing on public interest the commission determines the protested rate does not adversely affect the public interest, the commission will deny the petition or appeal by final order. The commission must state in the final order that dismisses…

Nothing in this chapter prevents a cooperative corporation from returning to its members the whole or any part of the net earnings resulting from its operations in proportion to their purchases from or through the corporation. Notes 16 Tex. Admin. Code § 24.4 The provisions of th…

(a) Recovery of rate-case expenses. A utility may recover rate-case expenses, including attorney fees, incurred as a result of filing a rate-change application pursuant to TWC §13.187 or TWC §13.1871, only if the expenses are reasonable and necessary. (b) Requirements for claimin…

(a) A district created pursuant to Texas Constitution, Article XVI, §59, which district is located within the corporate limits or the extraterritorial jurisdiction of a municipality and which receives water or sewer service or whose residents receive water or sewer service from t…

(a) This section applies only to fees charged by a municipality for water or sewer service to a public school district. (b) A municipally owned utility that provides retail water or sewer utility service to a public school district may not charge the district, in addition to the …

(a) Notwithstanding any other law, the commission has the same jurisdiction over a water supply or sewer service corporation that the commission has under this chapter over a water and sewer utility if the commission finds, after notice and opportunity for hearing, that the water…

(a) Purpose. This section establishes procedures for a Class D utility to apply for an adjustment to its water or wastewater rates as allowed by Texas Water Code (TWC) §13.1872(c)(1). (b) Definitions. In this section, the term application means an application for a rate adjustmen…

The THSA is a database of cultural resource information administered by the commission. This database is accessible to the public via Internet. The THSA contains information on archeological sites, cemeteries, shipwrecks, historic structures, engineering features, and industrial …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Access account--Confidential transaction record verifying an individual's identity and authority to access the restricted information w…

If a registered user of RCRI fails to comply with any of the rules of the commission, or any of the terms of an RCRI Access Agreement, or fails to properly conduct database searches, or fails to act in the best interest of the state, the commission may immediately revoke the user…

The intent of these rules is to restrict access to specific cultural resource data to those individuals that have a legitimate scientific or legal interest in obtaining and using that information. The intent is not to limit the public's use of all information that the commission …

(a) Access committee. The affirmative vote of a simple majority of the committee members is necessary for any action to be taken. No absence in the membership of the access committee shall impair the ability of the committee to exercise all rights and perform all duties. (b) Comm…

The commission may enter into memoranda of understanding or agreement with state or federal agencies, political subdivisions of the state, private institutions, and/or individuals for the purpose of establishing RCRI access arrangements. Notes 13 Tex. Admin. Code § 24.21 The prov…

A political committee, including a direct campaign expenditure-only committee, must include in its campaign treasurer appointment the affidavit described by section 252.003(a)(4) (relating to contents of a general-purpose committee's campaign treasurer appointment) or 252.0031(a)…

(a) An expenditure to finance a voter registration or get-out-the-vote drive is not a political expenditure if the drive encourages voting in general but does not encourage voting for or against a measure, candidate, officeholder, or political party. (b) A corporation or labor or…

(a) If a corporation charges a candidate, officeholder, or specific-purpose committee for supporting or assisting a candidate or officeholder less than fair market value for goods or services in order to comply with § 253.041(b) of the Election Code, the discount is not a prohibi…

(a) License holders shall maintain records and reports of all hemp plants acquired, produced, handled, sampled and collected, or disposed for at least three years, using a Department form. (b) All records shall be maintained and made available for inspection by Department inspect…