Texas House Bill HB1873

Texas 2021 - 87th Regular

Caption

Relating to late payment fees charged by a municipally owned water utility.

Impact

The law, as amended by HB1873, grants customers the right to appeal late payment fees they believe to be unjust, allowing them to present their case before the utility commission. The burden of proof falls on the municipality to demonstrate that the fees charged are in compliance with the new legislation. This provision may lead to a more accountable and equitable fee structure, as utilities will need to justify their charges, potentially influencing their billing practices and overall financial policies.

Summary

House Bill 1873 establishes new regulations regarding late payment fees imposed by municipally owned water utilities in Texas. The bill amends the Water Code to introduce a clear framework governing how late payment fees can be charged, thereby enhancing transparency and fairness for consumers. Specifically, the bill limits the maximum late payment fee to either $5 or 2% of the overdue amount, capping it at $500. These caps aim to prevent excessive fees that can disproportionately affect customers, especially those facing financial difficulties.

Contention

While HB1873 seeks to provide greater protection for consumers, its implementation may encounter opposition from municipalities that could view the new regulations as an infringement on their autonomy and financial management. There are concerns that caps on late payment fees might hinder municipalities' ability to manage cash flow effectively, particularly if a significant portion of their revenue is derived from these fees. The balance between protecting consumers from exorbitant fees and allowing municipalities to operate effectively will likely be a point of debate as the bill moves through legislative discussions.