89th Legislature

HB 1359

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1359 seeks to establish an Income-Based Assistance Fund administered by the Public Utility Commission of Texas to help low-income retail electric customers during extreme weather emergencies. The bill amends Sections 17.007 and 39.002 of the Utilities Code and adds a new Section 39.9035 to formally create this fund. The Health and Human Services Commission would assist in identifying eligible customers by developing automatic processes to share information with electric providers and utilities.

The fund would be financed exclusively through non-ratepayer sources, such as federal grants, settlements, penalties, or other allowable revenues. It explicitly prohibits funding from adding new charges to customer bills. Eligible funds would be used to provide bill payment assistance and other customer service benefits for qualifying Texans during periods of extreme weather declared emergencies.

HB 1359 also adjusts the applicability of customer choice regulations to municipally owned utilities and cooperatives that have opted into competitive retail electric markets. It ensures that these entities are included under the new assistance framework if they engage in customer choice activities. Overall, the bill aims to mitigate the financial burden on vulnerable populations during energy crises while maintaining protections against expanded costs for all consumers.

The originally filed bill for HB 1359 created an Income-Based Assistance Fund funded through a non-bypassable fee on electric customers. This fee, capped at 65 cents per megawatt hour, would have been directly charged to retail electric customers and collected by retail electric providers, municipally owned utilities, and electric cooperatives that had adopted customer choice​. This structure made the fund ratepayer-funded. The money would have been used to support discounts and bill payment assistance for low-income electric customers, with additional provisions for administrative expenses and customer education.

In contrast, the Committee Substitute removes the customer fee entirely. Instead, the revised bill prohibits funding from coming from customer charges and stipulates that the fund must be financed through alternative sources such as federal grants, settlements, gifts, donations, or appropriations, ensuring no direct cost to electricity customers​. Additionally, the Committee Substitute refines the priority use of the fund strictly for extreme weather emergencies, whereas the original bill allowed broader, ongoing discount programs for low-income customers.

Moreover, the originally filed bill created a trust fund outside the state treasury, administered directly by the Public Utility Commission without legislative appropriation. The Committee Substitute retains legislative control, placing the fund inside the General Revenue Fund, and ensures legislative appropriation is required for disbursement, thus limiting administrative autonomy​.

Finally, procedural adjustments were made: the Committee Substitute modifies statutory cross-references to broaden applicability while streamlining administrative duties between the Public Utility Commission and the Health and Human Services Commission.
Author
Ana Hernandez
Todd Hunter
Senfronia Thompson
Drew Darby
Joseph Moody
Co-Author
Maria Flores
Ann Johnson
Penny Morales Shaw
Mihaela Plesa
Ana-Maria Ramos
Charlene Ward Johnson
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1359 would create the Income-Based Assistance Fund as a General Revenue–Dedicated Account to assist low-income residential electric customers during extreme weather emergencies. The Legislative Budget Board (LBB) estimates that implementing the bill would result in a negative net impact of $8.47 million to General Revenue–Related funds over the 2026–2027 biennium​.

Specifically, the Public Utility Commission of Texas (PUC) would incur annual costs of approximately $4.23 million to operate the program. These costs include funding two new full-time employees, administrative expenses, information technology upgrades, and significant contracting costs with the Health and Human Services Commission (HHSC) for customer data sharing. The estimated contracting costs alone would total $4 million annually​. The bill also anticipates minor technology costs of approximately $5,400 per year.

Although the bill establishes a dedicated fund intended to be supplemented by gifts, grants, donations, and other lawful transfers, there is no guaranteed revenue stream, and the actual amount the Legislature would appropriate for direct assistance payments remains unknown. Therefore, while administrative costs are quantifiable, the broader fiscal impact related to actual aid disbursement cannot be determined at this time​.

Additionally, there could be operational impacts on municipally owned utilities and electric cooperatives that have adopted customer choice, as they may be involved in collecting data and administering customer assistance programs under the bill.

Vote Recommendation Notes

While the intent behind HB 1359 — assisting low-income Texans with electric bills during extreme weather emergencies — is understandable, the structure and consequences of the bill fundamentally conflict with the principles of limited government, fiscal responsibility, individual liberty, and free enterprise.

First, the bill grows the size and scope of government. It establishes a new Income-Based Assistance Fund within the General Revenue Fund, creating new responsibilities and administrative duties for the Public Utility Commission (PUC) and the Health and Human Services Commission (HHSC). It requires additional staff, rulemaking, enrollment processes, reimbursement mechanisms, and direct coordination with utilities. In doing so, it expands bureaucratic reach deeper into the energy sector — an area where Texas has historically championed market-based solutions and individual choice​.

Second, the bill increases the burden on taxpayers. Though the originally filed version proposed a customer fee, the committee substitute removed it and shifted funding entirely to general appropriations. The fiscal note projects a $8.47 million negative impact to General Revenue merely to administer the program over the first biennium​ — and the bill leaves open the possibility of greater ongoing appropriations. Future legislatures would face constant pressure to continue or expand funding for bill assistance, thereby exposing taxpayers to growing and uncertain obligations without clear long-term limits.

Third, HB 1359 increases regulatory burdens on private businesses, particularly on electric utilities, cooperatives, and retail electric providers. These businesses would be required to participate in new customer identification, enrollment, billing modifications, and reimbursement compliance processes. While the bill does not impose direct financial charges on individuals, it forces businesses into new administrative roles, thus raising operational costs that could eventually be passed along to consumers indirectly​.

Fourth, the bill encourages government dependency over personal responsibility and community-driven solutions. Historically, needs arising during extreme weather events have been met through personal preparation, private charitable efforts, mutual aid, and — in true catastrophic scenarios — limited and targeted emergency responses. HB 1359 institutionalizes state-run aid for utility payments, shifting expectations away from individual resilience and voluntary charity toward permanent government support mechanisms.

Fifth, and perhaps most critically, the bill sets a precedent for creeping collectivization. It is an example of government stepping into private contractual relationships between service providers and customers, redistributing general taxpayer funds to subsidize certain individuals’ utility costs. While presented as a targeted, humanitarian program, it effectively moves the state toward socializing private risks. Once established, such programs rarely contract; they grow in size, scope, and political constituency over time. What begins as a narrowly defined emergency fund could eventually expand into a broader entitlement for energy assistance, with profound implications for Texas’s economic and political culture.

In sum, while the humanitarian impulse behind HB 1359 is respectable, the mechanism it establishes is deeply flawed. It grows the bureaucracy, increases financial burdens on taxpayers, expands regulatory obligations for businesses, shifts responsibility away from individuals and local communities, and moves Texas policy away from personal liberty and toward state collectivism.

Compassionate outcomes are best achieved through voluntary, local, and market-based solutions — not through government expansion, taxpayer redistribution, and regulatory mandates. For all of these reasons, Texas Policy Research recommends that lawmakers vote NO on HB 1359.

  • While the bill seeks to protect vulnerable individuals' access to electricity during extreme weather (which has life-and-death implications), it does so by expanding the role of government into private economic relationships. True individual liberty means individuals — not the government — retain primary responsibility for securing essential needs through personal preparation, private contracts, insurance, or community efforts. By shifting responsibility for electric bill payments to the state, even temporarily, the bill undermines the broader ethic of self-reliance.
  • The bill signals that individuals will not be solely responsible for managing emergency situations such as high utility bills during extreme weather. Instead of encouraging individuals to prepare, save, or seek private aid, it establishes a state-administered fallback. This erodes the expectation that individuals (and voluntary organizations) should be the first line of defense in crisis management.
  • HB 1359 introduces new regulatory obligations on electric utilities, municipally owned utilities, cooperatives, and retail electric providers. Businesses would need to adjust billing processes, verify customer eligibility, interface with the state, and seek reimbursements​. Even without imposing direct new taxes or surcharges on customers, the administrative burden affects market operations and business autonomy, interfering with free enterprise principles.
  • The bill does not directly infringe on physical property rights such as ownership of land, homes, or businesses. However, the indirect regulatory compliance costs placed on utility companies could be seen, over time, as a soft intrusion into the right to operate a business freely. But strictly speaking, the bill does not violate private property rights in the traditional sense.
  • The bill expands the size and responsibilities of government by creating a new program housed in the Public Utility Commission (PUC), funded by taxpayer dollars, administered by multiple agencies, and creating new rulemaking authority​. It opens a new area — private bill payment assistance — to permanent government involvement. Without strict sunset provisions or spending caps, it risks future mission creep. Thus, it substantially undermines the principle of limited government.
View Bill Text and Status