Texas 2021 - 87th Regular

Texas House Bill HB3079

Caption

Relating to procedural requirements for the review of a contractual rate charged for the furnishing of raw or treated water or water or sewer service.

Impact

The amendments proposed by HB 3079 have the potential to significantly overhauling the procedural framework applicable to utility rate settings. By centralizing authority over these rates and emphasizing judicial outcomes, the bill may result in a more systematic approach to resolving disputes. Particularly, the bill's provisions aim to protect consumers from unjust rates while providing utilities with the ability to adapt contracts in light of judicial evaluations. This change could influence existing contractual agreements within Texas, where water service rates have often been a source of contention.

Summary

House Bill 3079 introduces procedural amendments related to the review of rates charged under contracts for the furnishing of raw or treated water or sewage services. The key provisions of the bill restrict the utility commission from determining and prescribing reasonable rates unless it is established that the rates charged under the contract harm the public interest. This approach aims to prioritize transparency and ensure that monetary amounts charged do not adversely affect consumers. Moreover, the bill allows contracting parties time to amend the relevant contract based on judicial determinations, if necessary, providing a safety net for utilities and consumers alike.

Sentiment

Discussions surrounding HB 3079 reflect a generally positive sentiment toward enhancing regulatory clarity within the water service sector. Supporters believe it successfully balances the interests of the public and utilities by providing a structured approach to rate reviews. However, potential critics are concerned about the implications of restricting commission hearings, fearing that rigorous oversight may be diminished, which might affect consumer protections in the long term. Overall, the sentiment aligns more with the intention to create equitable agreements rather than create barriers.

Contention

A notable point of contention in the discussions around HB 3079 revolves around the definitions of 'public interest' and the processes through which rate adjustments can occur. Opponents of the bill may argue that the threshold for determining harmful rates could delay necessary adjustments, potentially leading to inflated costs for consumers. Furthermore, the ability for parties to amend contracts without immediate scrutiny could lead to loopholes that may be exploited, adding to concerns about regulatory oversight. This raises fundamental questions about the balance of power between utility companies and the regulatory commission as well as the broader implications for consumer advocacy.

Companion Bills

TX SB997

Same As Relating to procedural requirements for the review of a contractual rate charged for the furnishing of raw or treated water or water or sewer service.

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