Texas House Bill HB3668

Texas 2011 - 82nd Regular

• Out of House Committee: 5/9/11
• Introduced: 3/11/11
• Refer: 3/23/11
• Report Pass: 5/6/11

Caption

Relating to certificates of public convenience and necessity for water or sewer services.

Impact

The bill introduces significant changes to how public utilities can secure certificates to operate in specific areas, especially those that are not currently served by municipal utilities. It emphasizes that municipalities should not unreasonably withhold consent while simultaneously protecting landowner rights to contest service areas. Furthermore, it mandates that all facilities constructed must adhere to municipal standards, thereby ensuring that developments meet specific quality and safety requirements. This could lead to enhanced service provision and infrastructure development in regions that previously struggled with service access.

Summary

House Bill 3668 aims to amend the Water Code in Texas related to the certificates of public convenience and necessity for water and sewer services. The intent of the bill is to streamline the process through which retail public utilities can obtain these certificates, particularly in situations where municipalities have not responded to service requests within a defined timeframe. Under the proposed legislation, if a municipality does not provide consent within 180 days after a formal service request, the Texas commission may issue a certificate without municipal approval, facilitating quicker access to water and sewer services in underserved areas.

Contention

Some notable points of contention surrounding HB 3668 include concerns from municipalities regarding the potential undermining of their authority to regulate services within their jurisdictions. Critics argue that the bill could lead to a 'loophole' enabling public utilities to bypass necessary local governance, which may affect the planning of resources and environmental protections. Proponents, however, argue that the legislation is essential for promoting competition and ensuring that residents in unincorporated areas have access to reliable water and sewer services in a timely manner.