Texas 2025 - 89th Regular

Texas House Bill HB2712

Filed
2/12/25  
Out of House Committee
4/17/25  
Voted on by House
5/6/25  
Out of Senate Committee
5/13/25  
Bill Becomes Law
 

Caption

Relating to test years used for ratemaking purposes by certain water and sewer utilities.

Impact

The legislation is expected to have significant effects on state laws by potentially enhancing the financial security of water utilities. By allowing for the inclusion of construction work in progress in the rate calculations, the bill seeks to ensure that utilities can recover costs associated with ongoing projects. Moreover, the bill emphasizes the necessity of maintaining a 'fair return' on investment as part of the regulatory processes, aiming to balance utility profitability with consumer protection. Regulatory authorities will now have a clearer basis for determining appropriate rates, likely leading to increased scrutiny of what constitutes a 'fair' return under these new rules.

Summary

House Bill 2712 pertains to the processes governing the setting of utility rates for water and sewer services in Texas. The bill amends specific sections of the Water Code to define how 'test years' — the periods used for calculating utility rates — should be selected and applied. Importantly, it allows utilities to utilize a combination of historic, future, or combined data. This legislative change is intended to provide a clearer framework for utilities in determining their rates based on varying financial situations and is seen as a move towards more transparent ratemaking practices.

Sentiment

The sentiment regarding House Bill 2712 was largely supportive among industry stakeholders who view the changes as beneficial for maintaining utility integrity and financial stability. However, some concerns were raised about ensuring that consumer interests remain protected, particularly in the context of rising utility rates. Advocates argued that the specific inclusion of future and combined data in rate setting could lead to more equitable outcomes for both utilities and consumers. Nevertheless, dissenters worried about potential implications for consumers if utilities could effectively raise rates under the new guidelines.

Contention

Notable points of contention in discussions surrounding HB 2712 included debates about the potential for overreach by utilities if they were granted the ability to include all construction expenses in rate calculations. Critics of the bill voiced concerns that this could lead to higher bills for consumers, particularly if utilities mismanage the projects or are inefficient in planning. Moreover, the implications of redefining what constitutes a 'fair return' in light of these new provisions were debated, as stakeholders sought assurances that such changes would provide adequate protection for consumers against excessive rate increases.

Texas Constitutional Statutes Affected

Water Code

  • Chapter 13. Water Rates And Services
    • Section: New Section
    • Section: 183
    • Section: 184
    • Section: 185
    • Section: 002
    • Section: New Section
    • Section: 183
    • Section: 184
    • Section: 185
    • Section: New Section
    • Section: 183
    • Section: 184
    • Section: 185
    • Section: 002
    • Section: New Section
    • Section: 183
    • Section: 184
    • Section: 185
    • Section: New Section
    • Section: 183
    • Section: 184
    • Section: 185
    • Section: New Section
    • Section: 184
    • Section: 185
    • Section: 002
    • Section: New Section
    • Section: 183
    • Section: 184
    • Section: 185
    • Section: New Section
    • Section: 183
    • Section: 184
    • Section: 185

Companion Bills

TX SB1891

Identical Relating to test years used for ratemaking purposes by certain water and sewer utilities.

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