Texas 2023 - 88th Regular

Texas Senate Bill SB1188

Filed
2/24/23  
Out of Senate Committee
4/6/23  
Voted on by Senate
4/17/23  
Out of House Committee
5/4/23  
Voted on by House
5/9/23  
Governor Action
6/18/23  

Caption

Relating to receivership of the Agua Special Utility District and requirements for directors of the Agua Special Utility District.

Impact

The implications of SB 1188 are significant in terms of increasing oversight and accountability for the governance of special utility districts in Texas. By clarifying the parameters for receivership and the qualifications required for directors, the bill aims to strengthen the operational integrity of the Agua Special Utility District. It enhances the ability of the Texas Commission on Environmental Quality (TCEQ) to intervene when a district fails to meet its obligations, which can ultimately help safeguard consumer interests and ensure consistent service delivery.

Summary

Senate Bill 1188 addresses the requirements for directors of the Agua Special Utility District and outlines the conditions under which a receivership can be enacted for the district. This bill aims to ensure continuous service to the customers of the district by establishing a process for the appointment of a receiver if necessary. The provisions within the bill specify that a receiver can be appointed by the court to manage the district's assets, ensuring compliance with court orders and adequate service delivery to customers. Furthermore, the bill mandates stronger accountability measures for directors, requiring them to maintain eligibility and conduct certain filings with the Texas Ethics Commission.

Sentiment

The sentiment surrounding SB 1188 appears to be largely supportive among legislative members, as indicated by the unanimous votes in both the Senate (31-0) and on the final House passage (129-14). This support reflects a recognition of the necessity for improved governance and operational standards in utility districts. However, there may still be some concerns regarding the execution of the bill and the potential impact on existing governance structures within local districts. Various stakeholders may view the bill as a means of empowering regulatory bodies while ensuring that directors uphold certain ethical standards.

Contention

While SB 1188 effectively enhances the governance of the Agua Special Utility District, notable points of contention include the balance of power between local governance and state oversight. Some may argue that the enhanced powers given to the commission affect local autonomy over utility management. The requirement for directors to file various legal documents and reports may also raise concerns over the administrative burden placed on board members, especially in rural or smaller districts that may struggle with compliance and resources. Ultimately, the debate centers around the need for greater accountability while ensuring sufficient local control.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7201. Agua Special Utility District
    • Section: 055
    • Section: 058
    • Section: 059
    • Section: 060
    • Section: 075
    • Section: 055
    • Section: 058
    • Section: 059
    • Section: 060
    • Section: 075
    • Section: New Section
    • Section: 055
    • Section: 058
    • Section: 059
    • Section: 060
    • Section: 075
    • Section: 301
    • Section: 302
    • Section: 303
    • Section: 304
    • Section: 305
    • Section: 055
    • Section: 058
    • Section: 059
    • Section: 075
    • Section: New Section
    • Section: 055
    • Section: New Section

Water Code

  • Chapter 7. Enforcement
    • Section: New Section
  • Chapter 13. Water Rates And Services
    • Section: New Section
  • Chapter 49. Provisions Applicable To All Districts
    • Section: New Section
  • Chapter 65. Special Utility Districts
    • Section: New Section

Health And Safety Code

  • Chapter 341. Minimum Standards Of Sanitation And Health Protection Measures
    • Section: New Section

Companion Bills

TX HB5313

Identical Relating to receivership of the Agua Special Utility District and requirements for candidates for the board of directors of the Agua Special Utility District.

Previously Filed As

TX HB5313

Relating to receivership of the Agua Special Utility District and requirements for candidates for the board of directors of the Agua Special Utility District.

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