89th Legislature

SB 790

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 790 authorizes the Public Utility Commission of Texas to establish a simplified procedure for resolving water or wastewater billing complaints brought by tenants against property owners. This procedure would not be subject to the state’s Administrative Procedure Act.
Author
Carol Alvarado
Co-Author
Paul Bettencourt
Judith Zaffirini
Sponsor
Ryan Guillen
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 790 is not expected to have a significant fiscal impact on the state. Any costs incurred by implementing the proposed simplified complaint resolution process within the Public Utility Commission of Texas (PUC) are assumed to be manageable using existing agency resources.

Similarly, no significant fiscal impact is anticipated for local governments. The bill does not introduce new funding obligations or revenue changes for municipal entities or local regulatory bodies. The assessment was based on input from key state agencies, including the State Office of Administrative Hearings (SOAH) and the PUC, both of which indicated that the new process could be integrated into their current operations without requiring additional appropriations.

Vote Recommendation Notes

SB 790 aims to create a simplified complaint process for tenants disputing water or wastewater service charges from landlords. While the bill's intent to provide a more efficient resolution process is commendable, it raises concerns regarding due process, regulatory overreach, and private property rights. By exempting these disputes from the Texas Administrative Procedure Act (APA), the bill removes standard procedural safeguards, potentially leading to inconsistent rulings and reduced transparency in how complaints are handled.

From a liberty perspective, the bill is neutral on individual liberty and personal responsibility, as it allows tenants a quicker resolution path but does not necessarily encourage self-resolution before state intervention. However, it raises concerns for free enterprise and private property rights, as landlords could face binding decisions without full procedural protections. Additionally, the bill expands government authority within the Public Utility Commission (PUC), contradicting principles of limited government.

For these reasons, SB 790 should be amended to reintroduce due process safeguards, ensure fair landlord participation, and define clear criteria for evaluating complaints. These changes would preserve efficiency in dispute resolution while maintaining fairness and property rights protections.

View Bill Text and Status