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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 9. SAFETY |
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Subtitle B. EMERGENCIES |
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Chapter 771. STATE ADMINISTRATION OF EMERGENCY COMMUNICATIONS |
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Subchapter D. FINANCING STATE EMERGENCY COMMUNICATIONS |
Sec. 771.0725. ESTABLISHMENT OF RATES FOR FEES
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(a) Subject to the applicable limitations prescribed by Sections 771.071(b) and 771.072(b), (d), and (e), the Public Utility Commission of Texas shall monitor the establishment of:
(1) emergency service fees imposed under Section 771.071; and
(2) the equalization surcharge imposed under Section 771.072, including the allocation of revenue under Sections 771.072(d) and (e).
(b) Each year the commission shall provide documentation to the Public Utility Commission of Texas regarding the rate at which each fee should be imposed and the allocation of revenue under Sections 771.072(d) and (e). The commission may provide such documentation more often under this subsection if the commission determines that action is necessary.
(c) The Public Utility Commission of Texas shall review the documentation provided by the commission as well as allocations derived therefrom and also identified by the commission. If the Public Utility Commission of Texas determines that a recommended rate or allocation is not appropriate, the Public Utility Commission of Texas shall provide comments to the commission, the governor, and the Legislative Budget Board regarding appropriate rates and the basis for that determination.
(d) The Public Utility Commission of Texas may review and make comments regarding a rate or allocation under this section in an informal proceeding. A proceeding in which a rate or allocation is reviewed is not a contested case for purposes of Chapter 2001, Government Code. A review of a rate or allocation is not a rate change for purposes of Chapter 36 or 53, Utilities Code.
(e) The commission shall establish the rate for the equalization surcharge imposed under Section 771.072 for each state fiscal biennium in an amount that ensures the aggregate of the anticipated surcharges collected from all customers for the following 12 months does not exceed the aggregate of the surcharges collected from all customers during the preceding 12 months. Any change in the equalization surcharge rate may not become effective before the 90th day after the date notice of the change is provided by the commission to the service providers.