Section 16.0121 - Water Audits(a) In this section, "retail public utility" has the meaning assigned by Section 13.002.(b) Except as provided by Subsection (b-1), a retail public utility providing potable water shall perform and file with the board an annual water audit computing the utility's system water loss during the preceding year.(b-1) A retail public utility providing potable water that does not receive from the board financial assistance and is providing service to 3,300 or fewer connections shall perform and file with the board every five years a water audit computing the utility's most recent annual system water loss.(c) The board shall develop appropriate methodologies and submission dates for a water audit required under Subsection (b) or (b-1) for the following categories of retail public utilities: (1) retail public utilities serving populations of 100,000 or more;(2) retail public utilities serving populations of 50,000 or more but less than 100,000;(3) retail public utilities serving populations of more than 10,000 but less than 50,000; and(4) retail public utilities serving populations of 10,000 or less.(d) In developing the methodologies required by Subsection (c), the board shall ensure that each methodology: (1) is financially feasible for the category of retail public utility for which it is developed; and(2) considers differences in population density, source of water supply, the mean income of the service population, and other factors determined by the board.(e) The methodologies required by Subsection (c) shall account for various components of system water loss, including loss from distribution lines, inaccuracies in meters or accounting practices, and theft.(f) The board shall compile the information included in the water audits required by Subsections (b) and (b-1) according to category of retail public utility and according to regional water planning area. The regional planning group for a regional planning area shall use the information to identify appropriate water management strategies in the development of a regional water plan under Section 16.053.(g) A retail public utility providing potable water that receives from the board financial assistance shall use a portion of that financial assistance, or any additional financial assistance provided by the board for the purpose described by this subsection, to mitigate the utility's system water loss if, based on a water audit filed by the utility under this section, the water loss meets or exceeds the threshold established by board rule. On the request of a retail public utility, the board may waive the requirements of this subsection if the board finds that the utility is satisfactorily addressing the utility's system water loss.(h) For each category of retail public utility listed in Subsection (c), the board shall adopt rules regarding: (1) the amount of system water loss that requires a utility to take action under Subsection (g); and(2) the use of financial assistance from the board as required by Subsection (g) to mitigate system water loss.(i) The board by rule shall require the audits required by Subsections (b) and (b-1) to be completed by a person trained to conduct water loss auditing.(j) The board shall make training on water loss auditing available without charge from the board's website. The board may provide training in person or by video or a functionally similar and widely available medium. Training provided under this subsection must include comprehensive knowledge of water utility systems and terminology and any tools available for analyzing audit results. In creating training materials, the board may consider other organizations' training programs.(k) The board by rule shall establish a program to provide technical assistance to retail public utilities in conducting water audits required under Subsections (b) and (b-1) and in applying for financial assistance from the board to mitigate the utility system's water loss. The board may provide for the implementation of the program established under this subsection by contracting or partnering with other entities. Rules adopted under this section must provide for the prioritization of technical assistance to retail public utilities based on: (1) water loss audits submitted to the board; (2) the population served by the utility; and (3) the integrity of the utility's system. (l) The board shall post on the board's Internet website information that: (1) summarizes the information compiled under Subsection (f); (2) summarizes the measures taken by retail public utilities to reduce water loss; and (3) identifies the retail public utilities participating in the program established under Subsection (k) and details the use of financial assistance provided under that subsection. Tex. Water Code § 16.0121
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 457,Sec. 8, eff. 9/1/2023.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 347,Sec. 1, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 155,Sec. 1, eff. 5/28/2015.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1139,Sec. 1, eff. 9/1/2013.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 278,Sec. 1, eff. 9/1/2013.Amended By Acts 2011, 82nd Leg., R.S., Ch. 1041, Sec. 1, eff. 9/1/2011.Added by Acts 2003, 78th Leg., ch. 744, Sec. 1, eff. 9/1/2003.