(a) The utility commission or the commission, after providing to the utility notice
and an opportunity to be heard by the commissioners at a utility commission or commission
meeting, may authorize a willing person to temporarily manage and operate a utility
if the utility:
(1) has discontinued or abandoned operations or the provision of services;
(2) has been or is being referred to the attorney general for the appointment of a
receiver under Section 13.412; or
(3) provides retail water or sewer utility service through fewer than 10,000 taps
or connections and violates a final order of the commission by failing to:
(A) provide system capacity that is greater than the required raw water or groundwater
production rate or the anticipated daily demand of the system;
(B) provide a minimum pressure of 35 pounds per square inch throughout the distribution
system under normal operating conditions; or
(C) maintain accurate or properly calibrated testing equipment or other means of monitoring
the effectiveness of a chemical treatment or pathogen inactivation or removal process.
(b) The utility commission or the commission may appoint a person under this section
by emergency order, and notice of the action is adequate if the notice is mailed or
hand-delivered to the last known address of the utility's headquarters.
(c) A person appointed under this section has the powers and duties necessary to ensure
the continued operation of the utility and the provision of continuous and adequate
services to customers, including the power and duty to:
(1) read meters;
(2) bill for utility services;
(3) collect revenues;
(4) disburse funds;
(5) access all system components; and
(6) request rate increases.
(d) This section does not affect the authority of the utility commission or the commission
to pursue an enforcement claim against a utility or an affiliated interest.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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