Sec. 67.011. POWERS OF CORPORATION IN CERTAIN COUNTIES. (a) In a county with a population of less than 3.3 million, a corporation may: (1) own, hold, lease, or otherwise acquire water wells, springs, or other sources of water supply; (2) build, operate, and maintain pipelines to transport water or wastewater; (3) build and operate plants and equipment necessary to distribute water or to treat and dispose of wastewater; (4) sell water or provide wastewater services to a political subdivision, a private corporation, or an individual; and (5) establish and enforce reasonable customer water conservation practices and prohibit excessive or wasteful uses of potable water. (b) A corporation may enforce customer water conservation practices under Subsection (a)(5) by assessing reasonable penalties as provided in the corporation's tariff. A penalty may be appealed in the same manner as provided for appeal of new customer service costs under Section 13.043 (g). In an appeal, the commission shall approve a corporation's penalty if the commission determines that the penalty is clearly stated in the tariff, that the penalty is reasonable, and that the corporation has deposited the penalty in a separate account dedicated to enhancing water supply for the benefit of all the corporation's customers.
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