Texas Water Code 13.2502 – Service Extensions by Water Supply and Sewer Service Corporation or Special Utility District
(a) Notwithstanding § 13.250, a water supply or sewer service corporation or a special utility district organized under Chapter 65 is not required to extend retail water or sewer utility service within the certificated area of the corporation or special utility district to a service applicant in a subdivision if the corporation or special utility district documents that:
(1) the developer of the subdivision has failed to comply with the subdivision service extension policy of the corporation or special utility district as set forth in the tariff of the corporation or the policies of the special utility district; and
(2) the service applicant purchased the property after the corporation or special utility district gave notice as provided by this section of the rules of the corporation or special utility district applicable to service to subdivisions from the corporation or special utility district.
(b) Publication of notice in a newspaper of general circulation in each county in which the corporation or special utility district is certificated for utility service of the requirement to comply with the subdivision service extension policy constitutes notice under this section. The notice must be published once a week for two consecutive weeks on a biennial basis and must contain information describing the subdivision service extension policy of the corporation or special utility district. The corporation or special utility district must be able to provide proof of publication through an affidavit of the publisher of the newspaper that specifies each county in which the newspaper is generally circulated.
Terms Used In Texas Water Code 13.2502
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Week: means seven consecutive days. See Texas Government Code 311.005
(c) As an alternative to publication of notice as provided by Subsection (b), a corporation or special utility district may demonstrate by any reasonable means that a developer has been notified for purposes of this section, including:
(1) an agreement executed by the developer;
(2) correspondence with the developer that sets forth the subdivision service extension policy; or
(3) any other documentation that reasonably establishes that the developer should be aware of the subdivision service extension policy.
(d) This section does not limit or extend the jurisdiction of the utility commission under § 13.043(g).
(e) For purposes of this section:
(1) “Developer” means a person who subdivides land or requests more than two water or sewer service connections on a single contiguous tract of land.
(2) “Service applicant” means a person, other than a developer, who applies for retail water or sewer utility service.