Relating to representation in a court proceeding involving a retail public utility providing water or sewer service.
Impact
The implications of HB 4218 primarily affect how legal representation is structured for retail public utilities within Texas. By formalizing the attorney general's role in these cases, the bill intends to ensure that public utilities are adequately represented in judicial matters, potentially leading to more consistent and effective legal outcomes. Current practices may vary significantly, and standardizing this representation could foster greater accountability within the utilities and regulatory authorities.
Summary
House Bill 4218 seeks to amend Section 13.014 of the Water Code concerning the representation in court proceedings involving retail public utilities that provide water or sewer services. The bill stipulates that the attorney general or municipal attorney will represent the regulatory authority in all matters before state and federal courts. This change aims to streamline legal processes involving these entities and clarify the roles of legal representation in court cases.
Contention
While the text of the bill is straightforward, its introduction may encounter points of contention regarding the extent of the attorney general's involvement in every case involving retail public utilities. Stakeholders might argue about the appropriateness of relying solely on state attorneys versus allowing local attorneys to participate based on their familiarity with the specific issues at hand. Furthermore, public interest groups may scrutinize the potential impacts of such centralization on local governance and reactive measures concerning utility services, particularly in sensitive legal issues where consumer interests are involved.
Relating to the transfer of functions relating to the economic regulation of water and sewer service from the Public Utility Commission of Texas and the Office of Public Utility Counsel to the Water Public Utility Commission and the Office of Water Public Utility Counsel; creating a criminal offense.