Utility service rules set out guidelines for service extension for SAWS water, sanitation and recycling customers. Policies and resources for developers – consultants to manage the process of providing water and/or sanitation services. SAWS may authorize the temporary connection of a meter to a fire hydrant during construction instead of the installation of a temporary service line. To achieve the goal of the water code, water supply or sewerage, including water or pipeline services, cannot be provided directly or indirectly by a distribution company or a water or sanitation company, unless the supply or service company first receives a certificate from the TCEQ requiring the current or future public comfort and necessity of this facility, operation or extension. . Id. 13.242 (a). The TCEQ is therefore in favour of granting an NCC, id. 13.246 (b), c) and allows all parties involved in an NCC application to intervene in the application during an oral proceeding. See p.
13.246 (a). However, bSR is a violation of the common law of contractual rights against SAWS. Chapter 13 does not provide for a procedure for resolving such disputes. Although the TCEQ has the power to impose sanctions, it does not have the power to award damages. The Texas Water Code was adopted to protect the public interest in utility rates and services. Id. 13.001 (a). The objective of Chapter 13 (water prices and services) of the water code is to put in place a comprehensive regulatory system that is up to the regulation of retail utilities to ensure fair and equitable rates, operations and services for consumers and utilities. Tex.
Water Code Ann. 13.001 (c). The TCEQ has exclusive jurisdiction over water and sanitation tariffs, operations and services that are not within the limits of this chapter of a municipality exercising the exclusive jurisdiction of these tariffs, operations and services. Id. 13.042 (e) (add the mention). Therefore, the exclusive jurisdiction of the TCEQ, pursuant to Section 13.042 e, is limited to the rates, operations and services covered by Chapter 13 of the water code. See BCY Water Supply, 170 S.W.3d to 601 (the legislation aims to specifically limit TCEQ`s jurisdiction to issues directly related to tariffs, operations and water and sanitation services. In its first edition, the city argues that it is immune from lawsuits against BSR claims/based on the performance of its governmental functions: construction, ownership and operation of a water management system. The BSR argues that the city is not immune from legal action, since its claims are the result of the proper operation of a public service in the city. The failure of the Code to initiate a claims settlement procedure where the TCEQ can resolve contractual rights between a supply company and a private party, as well as the TCEQ`s inability to award damages to the money, support our conclusion that the water code cannot give the TCEQ exclusive jurisdiction to terminate BSR`s contractual right.
See Subaru, 84 S.W. 3 at 226 (The Exclusive Jurisdiction of the Motor Vehicle Board applies to DTPA and bad faith claims of the dealer based on the code, since the Texas Motor Vehicle Commission code provides a hybrid damage repair process); Butnaru v. Ford Motor Co., 84 S.W.3d 198, 206-07 (Tex. 2002) (Code of the Automobile Commission, which could not provide a procedure for the board to assert that a manufacturer would have illegitimately refused to accept a transfer request from a dealer, in connection with the Inability of the House to award damages to the money, could be the subject of an informed claim).