SECTION 24.46. Fees Charged by a Municipality to a Public School District

(a) This section applies only to fees charged by a municipality for water or sewer service to a public school district.

(b) A municipally owned utility that provides retail water or sewer utility service to a public school district may not charge the district, in addition to the rates the utility charges for service, a fee based on the number of district students or employees.

(c) Notwithstanding the provisions of a resolution, ordinance, or agreement, a public school district charged a fee that violates subsection (b) of this section may appeal the charge by filing a petition with the commission. The commission shall hear the appeal de novo, and the municipality charging the fee has the burden of proof to establish that the fee complies with subsection (b) of this section. The commission shall fix the fees to be charged by the municipality in accordance with this chapter, including subsection (b) of this section.

Source Note: The provisions of this §24.46 adopted to be effective August 15, 2018, 43 TexReg5207