89th Legislature Regular Session

SB 2497

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 2497 grants discretionary authority to the Texas Commission on Environmental Quality (TCEQ) to require certain small public drinking water systems to install filtration systems if they consistently fail to meet water quality standards. Specifically, the bill applies to systems that serve fewer than 100 connections and draw water from underground sources. The commission may issue an order for filtration system installation if the following conditions are met:

The water system has repeatedly exceeded maximum contaminant levels (MCLs) or secondary constituent levels set by TCEQ or the U.S. Environmental Protection Agency (EPA); It has been the subject of more than one substantiated water quality complaint within the previous 12 months; It is feasible and reasonable in cost for the system to install a filtration system to address the water quality issue.

The bill does not mandate immediate installation of filtration systems across the board but provides TCEQ with a targeted enforcement tool to protect public health in cases of ongoing, documented water quality issues. This approach aims to address specific problem systems without imposing a blanket regulatory burden on all small water providers. The legislation is particularly relevant in rural or underserved areas where small systems may lack resources or oversight, yet where residents face repeated exposure to contaminants.

By conditioning action on repeat violations and affordability, the bill balances public health concerns with cost considerations, ensuring regulatory responses are proportional to risk and realistic for small system operators. The committee substitute retains the core structure of the original bill while refining its language and scope to ensure practical application.

The original version of SB 2497 and its Committee Substitute both authorize the Texas Commission on Environmental Quality (TCEQ) to order the installation of filtration systems in certain public drinking water systems. However, the Committee Substitute refines the scope, applicability, and triggering conditions of the mandate, making it more precise and targeted toward small systems with a demonstrated pattern of water quality problems.

In the original bill, TCEQ is granted authority to require a filtration system for any public water system that draws from an underground source if TCEQ has previously recommended filtration and the system either failed to maintain the well per rules or received more than one complaint in the past year. This version places emphasis on prior TCEQ recommendations and the maintenance history of the well, and it applies broadly to any public drinking water system, regardless of size.

By contrast, the Committee Substitute narrows the scope significantly. It limits applicability to systems that serve fewer than 100 connections and adds more specific public health criteria: the system must have repeatedly exceeded maximum contaminant or secondary constituent levels, and there must be multiple substantiated water quality complaints in the prior 12 months. It also introduces an economic feasibility test, allowing filtration to be mandated only if the cost is considered reasonable. Notably, the substitute removes the requirement for a prior TCEQ recommendation and instead focuses on objective violations and community complaints.

Overall, the substitute strengthens public health protections while reducing regulatory overreach by focusing only on persistently noncompliant, small-scale systems. It adds clarity, fairness, and enforceability to the enforcement mechanism, ensuring that orders to install filtration systems are reserved for situations where health concerns are documented, complaints are verified, and compliance is economically viable. These refinements improve the bill’s practical implementation and reduce the likelihood of burdensome or unnecessary mandates on rural or low-capacity water systems.
Author
Judith Zaffirini
Co-Author
Sarah Eckhardt
Sponsor
Ryan Guillen
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2497 is expected to have no significant fiscal impact on the State of Texas. The bill authorizes, but does not mandate, the Texas Commission on Environmental Quality (TCEQ) to order the installation of filtration systems in small public drinking water systems under specific conditions. Because the authority granted is discretionary and applies to systems that already exhibit ongoing compliance issues, the TCEQ is anticipated to absorb any administrative or enforcement costs within its existing resources and operational structure.

Importantly, the bill does not require the state to fund the filtration systems directly. Instead, it empowers TCEQ to issue orders based on existing regulatory oversight and complaint investigation processes. Therefore, no new programmatic funding, staff expansion, or capital expenditure is required at the state level.

Similarly, no significant fiscal impact is anticipated for local governments. The legislation specifically targets public water systems with fewer than 100 connections—typically smaller, often rural systems that are not operated by municipal governments. While affected systems may face costs if ordered to install a filtration system, the bill includes a "reasonable cost" standard, which provides a safeguard against imposing financially unmanageable compliance burdens. Furthermore, since these systems are typically independently operated utilities or water supply corporations, they do not fall under the financial responsibility of local government entities.

Overall, SB 2497 is designed to address targeted public health risks within existing regulatory and fiscal frameworks, avoiding new state or local government spending obligations. The bill’s measured scope and conditional enforcement mechanism allow it to operate within the current capacity of TCEQ, thereby maintaining fiscal neutrality.

Vote Recommendation Notes

SB 2497 is a measured and necessary response to persistent water quality issues affecting small, often rural communities in Texas. It provides the Texas Commission on Environmental Quality (TCEQ) with limited, targeted authority to require filtration systems in public drinking water systems with fewer than 100 connections, but only when there is a consistent pattern of water quality violations and substantiated complaints. The bill addresses legitimate public concerns—particularly from areas like Senate District 21—where residents report recurring problems such as discolored or odorous water, mineral deposits, and unaddressed complaints, despite rising water rates and deteriorating infrastructure.

The bill does not create a mandate for all small systems, nor does it impose burdensome regulation. Instead, it includes reasonable safeguards: action is only authorized if the system has repeatedly exceeded EPA or TCEQ water quality standards, received multiple substantiated complaints within 12 months, and where filtration is affordable and feasible. This ensures that enforcement is data-driven, responsive, and economically sensitive, protecting ratepayers while holding failing systems accountable.

From a liberty-focused policy standpoint, SB 2497 aligns with the principle of limited but effective government. It does not expand bureaucratic authority unnecessarily, nor does it create new rulemaking powers. Instead, it empowers TCEQ to intervene only when there is a clear and repeated failure to deliver reliable water service, thereby protecting residents' basic expectations of public health and utility service quality. The bill also respects private property rights by focusing on system-level infrastructure, not individual behavior, and enhances personal responsibility by signaling that water system operators must maintain their wells and infrastructure in accordance with regulatory standards.

In summary, this bill addresses a real and ongoing need with a narrowly tailored tool. It protects public confidence in drinking water while respecting the practical and financial limits of small utility operators. For its precision, fairness, and alignment with both public health and liberty principles, Texas Policy Research recommends that lawmakers vote YES on SB 2497.

  • Individual Liberty: The bill supports individual liberty by ensuring that residents—particularly in small or rural communities—have access to clean and usable drinking water. While it authorizes the state to require filtration systems under certain conditions, this authority is narrowly tailored and only applies after repeated regulatory violations and consumer complaints. Rather than infringing on liberty, it reinforces the public’s reasonable expectation of safe, basic services. Clean water is foundational to individual autonomy, and the bill seeks to preserve that without imposing broad mandates.
  • Personal Responsibility: SB 2497 encourages and reinforces personal and institutional responsibility. It holds small water system operators accountable when they consistently fail to meet minimum water quality standards or neglect infrastructure maintenance. Rather than enabling dependency, the bill places responsibility squarely on the utility to correct problems it has failed to address voluntarily—often after prior recommendations from the Texas Commission on Environmental Quality (TCEQ). In this way, it upholds the principle that those managing public resources must do so responsibly.
  • Free Enterprise: The bill has a limited impact on free enterprise, as it does not interfere with market competition or private enterprise operations beyond the regulated domain of public water utilities. It applies only to systems serving fewer than 100 connections, which are often non-profit entities or small utility cooperatives already subject to basic water quality regulations. The bill does not create new licensing, fees, or commercial restrictions—it simply strengthens enforcement against ongoing noncompliance. By tying intervention to clear public health standards and limiting it to feasible, cost-reasonable solutions, it avoids distorting the broader market.
  • Private Property Rights: SB 2497 does not infringe on private property rights. It targets public water systems, not individual property owners, and only authorizes action on the communal infrastructure level when the system fails to maintain acceptable water quality. If anything, the bill helps preserve the property value and livability of affected homes by ensuring access to a safe and reliable water supply—a critical utility tied directly to property use and well-being.
  • Limited Government: The bill respects the principle of limited government by authorizing narrow, conditional action only when specific and repeated failures have occurred. It does not expand TCEQ’s rulemaking authority or establish new bureaucracies. It gives the agency a tool to address recurring problems where voluntary compliance has failed, and only when a filtration system can be installed at reasonable cost. This measured approach ensures that government intervention is responsive, not preemptive, and grounded in clearly defined performance failures rather than speculative risks.
Related Legislation
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