Septmnber 3, 1976
The Honorable Joe Resweber Opinion No. H-875
County Attorney
Harris County Courthouse Re: Authority of Harris
Houston, Texas 77002 County Commissioners
Court to regulate rates
of private water companies
in Harris County after
September 1, 1976.
Dear Mr. Resweber:
Your question involves the relationship of article
1446c, V.T.C.S., creating the Public Utility Commission of
Texas, to article 2372q-1, V.T.C.S., authorizing the commis-
/-- sioners courts in counties with a population of more than
1,500,OOO to regulate the rates of private water companies
under certain circumstances. Both statutes were enacted in
the same session of the Legislature in 1975. You ask:
Will the Harris County Commissioners Court's
regulatory authority over private water
companies, as is presently provided by
article 2372q-1, V.A.T.S., terminate after
September 1, 1976.
Section 2 of the new statute conferring authority upon
commissioners courts, article 2372q-1, reads:
Sec.2. (a) The rates and services
of a private water company in a county
with a population of more than 1,500,000,
according to the last preceding federal
census, shall be regulated by the com-
missioners court as provided in this
Act, if:
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p. 3686
The Honorable Joe Resweber - page 2 (H-875)
(1) the private water company is
charging or proposes to charge residen-
tial rates in any service area which
exceed by 30 percent or more the highest
residential rates charged by the water
department of the largest city in the
county; or
(2) a petition is submitted to the
commissioners court signed by at least
30 percent of the persons residing,
according to the last preceding federal
census, in one or more of the service
areas served by a private water company
requesting that the commissioners court
exercise regulatory authority over the
company serving them.
. . . .
Standing by itself, article 2372q-1 appears to authorize
the Harris County Commissioners Court to regulate private
water companies selling water in Harris County. Rut the
Public Utility Regulatory Act, article 1446c, reads in
pertinent part:
Set, 3.
. . .
Cc) The term 'public utility' or
'utility,' when used in this Act, includes
any person, corporation, river authority,
cooperative corporation, or any combination
thereof, other than a municipal corporation. . .
owning or operating for compensation in this
state equipment or facilities for:
. . .
(4) the transmitting, storing,
distributing, selling, or furnishing of
potable water to the public or for
resale to the public for any use, or the
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The Honorable Joe Resweber - page 3 (H-875)
collection, transportation, treatment,
or disposal of sewage, or other operation
of a sewage disposal service for the
public, other than equipment or facilities
owned and operated for either purpose by
a city, town, or other political subdivision
of this state. . . .
. . .
Sec. 16. The commission has the
general power to regulate and supervise
the business of every public utility
within its jurisdiction and to do all
things, whether specifically designated
in this Act or implied herein, necessary
and convenient to the exercise of this
power and jurisdiction. . . .
Sec. 17.
. . .
(e) The commission shall have exclusive
original jurisdiction over electric,
water, and sewer utility rates, operations,
and services not within the incorporated
limits of a municipality exercising
exclusive original jurisdiction over
those rates, operations, and services as
provided in this Act.
. . .
Sec. 07. (a) The regulatory authority
shall assume jurisdiction and all powers
and duties of regulation under this Act on
January 1, 1976, except as provided in
Subsection (b) of this section.
(b) The regulatory authority shall assume
jurisdiction over rates and service of public
utilities on September 1, 1976.
. . .
p. 3688
The Honorable Joe Resweber - page 4 (H-875)
Sec. 90. (a) [Various specific statutes]
and all other laws and parts of laws in
conflict with this Act are repealed effective
September 1, 1976.
(b) All rules and regulations promulgated
by regulatory authorities in the exercise
of their jurisdiction over public utilities,
as defined in this Act, shall remain in effect
until such time as the commission or railroad
commission promulgates provisions applicable
to the exercise of the commission's or rail-
road commission's jurisdiction over public
utilities.
It is apparent that the Public Utility Regulatory Act,
article 1446c, V.T.C.S., was intended as a comprehensive
statute which would provide the exclusive means of regulating
certain types of utilities. Id. at 5 17(e). Given the
comprehensive nature of the Arand the general repealer
found in section 90, it is our opinion that the Public
Utility Regulatory Act is intended to repeal article 2372q-
1. See 53 Tex.Jur.Zd, Statutes 9 110. However, any repeal
is enctive only as stated in section 90 of the Act, which
provides for repeal of conflicting statutes on September 1,
1976.
Thus, the authority conferred upon commissioners courts
by article 2372q-1 was replaced by the primary power vested
in the Texas Public Utilities Commission by sections 16 and
17(e) of the Public Utility Regulatory Act when the Commission
assumed its regulatory powers on September 1, 1976. Any
rules and regulations validly promulgated by the Commissioners
Court of Harris County will continue in effect until superseded
by regulations of the Texas Public Utilities Commission.
SUMMARY
The authority conferred upon commissioners
courts by article 2372q-1, V.T.C.S., was
replaced by the primary power vested
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p. 3689
. .
I
The Honorable Joe Resweber - page 5 (H-875)
in the Texas Public Utilities Commission by
article 1446c, sections 16 and 17(e), V.T.C.S.,
when the Texas Public Utilities Commission
assumed its regulatory powers on September 1,
1976.
Very truly yours,
General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
Opinion Committee
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p. 3690