Texas 2023 - 88th Regular

Texas House Bill HB2442

Filed
2/17/23  
Out of House Committee
4/24/23  
Voted on by House
5/2/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/23/23  
Governor Action
6/12/23  

Caption

Relating to certificates of public convenience and necessity issued to certain retail public utilities.

Impact

The proposed changes will impact the operational framework within which retail public utilities function, particularly concerning how municipalities may acquire single certification. This bill mandates that municipalities must provide notice to existing utility providers before seeking certification from the utility commission. Additionally, it includes provisions for compensation, ensuring that public utilities will not suffer financial losses without fair remediation when their service territories are altered or impacted by a municipality's application for service certification.

Summary

House Bill 2442 aims to amend the process concerning certificates of public convenience and necessity issued to specific retail public utilities. Introduced by Representative Guillen, the bill addresses existing concerns regarding the lack of due process within the single certification system, specifically how these certificates can be revoked or amended. By enhancing the statutory language, the bill seeks to ensure that adequate and just compensation is provided to retail public utilities when their properties are affected by such certifications.

Sentiment

The sentiment surrounding HB 2442 appears largely supportive among utility representatives and legislators who advocate for fairness in the certification process. Testimonies during committee reviews indicated a recognition of the need for procedural fairness and clarity, which the bill seeks to establish. However, some concerns were raised about the practical implementation of such changes and whether they would adequately address all potential conflicts between municipalities and utilities.

Contention

Notable points of contention regarding HB 2442 focus on balancing municipal rights against the operational stability of retail utilities. While the bill intends to provide a safety net for utility providers, some stakeholders might see it as governmental interference in local matters. The effectiveness of the compensation provisions and the clarity of the due process mechanisms will be critical in determining the bill's long-term impact on utility operations and local governance.

Texas Constitutional Statutes Affected

Water Code

  • Chapter 13. Water Rates And Services
    • Section: 2541
    • Section: 255
    • Section: 2541
    • Section: 255
    • Section: 2541
    • Section: 255
    • Section: 2541
    • Section: 255
    • Section: 2541
    • Section: 255
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.