Texas 2025 - 89th Regular

Texas Senate Bill SB1977

Filed
3/6/25  
Out of Senate Committee
4/7/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the recovery and reimbursement of certain expenses by an electric utility or a water and sewer utility in a rate proceeding.

Impact

The bill significantly impacts state laws concerning utility ratemaking by enforcing stricter guidelines on what constitutes allowable expenses for utilities engaged in legal proceedings. This change is designed to protect consumers from being burdened by inflated legal costs stemming from contentious utility rate cases. The utility's financial reporting and rate-setting processes will need to align with these new stipulations laid out in the amended Utilities and Water Codes, ensuring that only reasonable costs that serve the public interest are recoverable.

Summary

SB1977 aims to regulate the reimbursement of expenses incurred by electric and water utilities in rate proceedings. This legislation amends existing utilities law to clarify the circumstances under which these utilities can recover legal and consulting expenses. Specifically, the bill states that utilities may not be reimbursed for legal costs associated with frivolous or groundless motions or actions that unnecessarily increase the costs of proceedings. It also sets a cap on the total recoverable legal expenses, preventing exorbitant costs from being passed on to consumers.

Sentiment

The sentiment around SB1977 appears to be mixed. Supporters, primarily among regulatory agencies and consumer advocacy groups, view the bill as a necessary step to safeguard public interests and ensure fair utility pricing. They argue that limiting reimbursements for legal maneuvers aimed at harassment or delay promotes responsible conduct in rate proceedings. Conversely, some utilities and their representatives express concern that the bill may hinder their ability to defend against baseless claims, potentially discouraging necessary legal action in protecting their interests.

Contention

Notable points of contention regarding SB1977 stem from its constraints on legal expense reimbursements. Opponents argue that the provisions could impair utilities' capacity to engage effectively in legal proceedings, especially when defending against aggressive or unfounded challenges. The discussion around what qualifies as 'frivolous' or 'unreasonable' expenses will likely be contentious in practice, given varying interpretations and the complexities of individual cases. This legislation promises to alter the landscape of how utilities approach rate disputes, with significant implications for both utility operators and consumers.

Texas Constitutional Statutes Affected

Utilities Code

  • Chapter 36. Rates
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 33. Jurisdiction And Powers Of Municipality
    • Section: 023
    • Section: 023
    • Section: 023
    • Section: 023

Water Code

  • Chapter 13. Water Rates And Services
    • Section: 185
    • Section: 084
    • Section: 185
    • Section: 084
    • Section: 185
    • Section: 084
    • Section: 185
    • Section: 084
    • Section: 185

Companion Bills

TX HB4427

Identical Relating to the recovery of certain expenses by an electric utility or a water and sewer utility in a rate proceeding.

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