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Texas Natural Resource Conservation Comm'n v. Lakeshore Util. Co.

Citation: 35 ELR 20077
No. No. 02-0988, (Tex., 04/08/2005)

The Texas Supreme Court held that a utility company knowingly violated the Texas Water Code by charging its customers unauthorized fees. There is legally sufficient evidence in the record to support the trial court's finding that the utility company knew it was charging fees that were not approved on its tariff schedule by the state. In addition, the Attorney General may seek customer refunds in the district court to compel compliance with the Water Code's statutory provisions. Nothing in the applicable provisions says that an administrative order is a prerequisite to a judicial one in an action brought to require a utility's compliance with the Water Code.