Texas 2023 - 88th Regular

Texas Senate Bill SB853

Filed
2/10/23  
Out of Senate Committee
4/5/23  
Voted on by Senate
4/13/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to electricity service provided by certain municipally owned utilities.

Impact

If enacted, SB 853 could significantly alter the regulatory landscape for municipally owned utilities in Texas. It enables Austin Energy ratepayers to initiate a review process that can lead to a more accurate reflection of their rates compared to other utilities with customer choice. This process also includes the possibility of a full review by the PUC should the cursory review deem the municipal rates inconsistent with state-wide standards, which is a pivotal shift aimed at ensuring just and reasonable rates for consumers.

Summary

Senate Bill 853, sponsored by Senator Hancock, proposes amendments to the Utilities Code concerning the electricity service provided by certain municipally owned utilities, specifically targeting those that operate in the Capitol Complex of Texas. The bill allows for a more robust review process of electricity rates imposed by utilities such as Austin Energy. Ratepayers can petition the Public Utility Commission (PUC) for a review of their current or proposed rates, which could include justifications for increases based on market comparisons to similarly situated utility consumers. The bill aims to empower ratepayers by enhancing their ability to contest potentially unfair rate structures stemming from municipal utilities.

Sentiment

Overall sentiment surrounding SB 853 appears to be cautiously optimistic among proponents, who view the bill as a victory for consumer rights. Supporters argue that this measure is essential for ensuring that consumers within municipal systems are not disadvantaged compared to those in competitive utility markets. Conversely, there may be some concerns among utility providers about the increased scrutiny and potential operational impacts stemming from these measures, suggesting a degree of contention among stakeholders regarding regulatory frameworks.

Contention

The bill has sparked discussions about the balance of authority between municipal utilities and the PUC, particularly regarding who holds more power in rate determinations. The potential complication arises from the fact that current law requires appeals to be made to city councils, which are responsible for approving rates. With SB 853, there is a clear intention to circumvent these local governing structures, allowing ratepayers to directly engage with the PUC—drawing attention to concerns over local governance and community representation.

Texas Constitutional Statutes Affected

Utilities Code

  • Chapter 33. Jurisdiction And Powers Of Municipality
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 40. Competition For Municipally Owned Utilities And River Authorities
    • Section: 004
    • Section: 004
    • Section: 004
    • Section: 004
    • Section: 051
  • Chapter 32. Jurisdiction And Powers Of Commission And Other Regulatory Authorities
    • Section: New Section

Companion Bills

TX HB4209

Similar Relating to electricity service provided by certain municipally owned utilities.

Similar Bills

No similar bills found.