Miscellaneous Expenditures — Utility Services
A water utility, including a water utility owned by a municipality or affected county, may not require a state agency or institution to pay for service before the service is rendered.
However, the utility may enter into an agreement with a state agency to establish a level or average monthly service billing plan. The agreement must require quarterly reconciliation of the leveled or equalized bills.
- Affected county
- A county any part of which is located within 50 miles of an international border.
- A county:
- any part of which is located within 100 miles of an international border,
- that contains the majority of the area of a municipality with a population of more than 250,000, and
- no part of which is located within 50 miles of an international border.
Texas Water Code Sections 13.002(23),(26), Sections 13.141, 13.142(c); Texas Local Government Code Section 232.022(a).
The rates that a water utility, including a municipally owned water utility, charges the state or a state agency or institution may not include an amount representing a:
- Gross receipts assessment,
- Regulatory assessment, or
- Similar expense.
Texas Water Code Section 13.002(23), Section 13.1861.
The due date for the bill may not be less than 30 days after issuance.
The postmark on the bill or the recorded date of mailing by the utility, if there is no postmark on the bill, constitutes proof of the date of issuance.
Payment for utility service is delinquent if the full payment, including late fees and regulatory assessments, is not received at the utility or at the utility's authorized payment agency by 5:00 p.m. on the due date.
If the due date falls on a holiday or weekend, the due date for payment purposes is the next work day after the due date.
Texas Water Code Section 13.142(b), 30 TAC 291.87(b).