Texas 2021 - 87th Regular

Texas House Bill HB3717

Caption

Relating to the sale of a water or sewer utility system by a municipality without an election.

Impact

The enactment of HB 3717 would significantly affect state laws regarding the governance of municipal utilities in Texas. This bill would grant municipalities greater latitude to manage their utilities without delaying action through public election processes, which could be crucial during emergencies or compliance failures. By allowing municipalities to act without elections in certain circumstances, proponents argue that the bill facilitates timely responses to infrastructure issues, potentially preventing further deterioration of water services.

Summary

House Bill 3717 proposes changes to the process by which a municipality can sell its water or sewer utility systems. Specifically, the bill allows for the sale of these utilities without the requirement of an election, provided that the Texas Commission on Environmental Quality has issued a notice of violation to the utility. The governing body of the municipality must additionally demonstrate that it is either financially or technically unable to restore the utility system to compliance with existing laws or regulations. By removing the election requirement, the bill aims to streamline the decision-making process during critical situations where immediate action is necessary to rectify compliance issues.

Sentiment

The sentiment around HB 3717 appears to be pragmatic among its supporters, highlighting the need for municipalities to act decisively when faced with compliance violations. Advocates have expressed that this flexibility is essential for maintaining public health and safety. Conversely, some concerns have been raised about the implications of removing the democratic process from such significant decisions, suggesting that this could lead to potential mismanagement or lack of accountability in the sale of essential public services.

Contention

One notable point of contention surrounding HB 3717 is the balance between efficient governance and public accountability. While the bill is framed as a necessary measure to facilitate quicker responses to urgent issues within municipal utilities, critics argue that bypassing community elections could undermine public trust and transparency. This tension between the need for rapid decision-making in emergencies and the right of citizens to vote on significant local matters remains a key focus in discussions about the bill's implications for local governance.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1334

Relating to rates established by municipalities for water or sewer service for certain entities.

TX HB4328

Relating to rates established by municipalities for water or sewer service for certain entities.

TX HB4763

Relating to requirements for the purchase or acquisition of certain water and sewer systems.

TX SB1965

Relating to requirements for the purchase or acquisition of certain water and sewer systems.

TX HB2373

Relating to the authority of a water or sewer utility to consolidate more than one system under a single tariff.

TX SB1867

Relating to the authority of a water or sewer utility to consolidate more than one system under a single tariff.

TX SB1988

Relating to water loss in water delivery systems for certain municipally owned water utilities.

TX HB4445

Relating to water loss in water delivery systems for certain municipally owned water utilities.

TX SB2441

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.

TX HB2774

Relating to the treatment of income tax expenses in rate proceedings for water and sewer utilities.

Similar Bills

No similar bills found.