Septmnber 3, 1976

The Honorable Joe Resweber County Attorney Harris County Courthouse Houston, Texas 77002 Opinion No. H-875
Re: Authority of Harris County Commissioners Court to regulate rates of private water companies inHarris County after September 1, 1976.
DearMr. Resweber:
Your question involves the relationship of article 1446c,V.T.C.S., creating the Public Utility Commission of Texas, toarticle 2372q-1,V.T.C.S., authorizing the commis- /-- sioners courts in counties with apopulation ofmore than

1,500,OOO toregulate the rates ofprivate water companies under certain circumstances. Both statutes were enacted in the same session of the Legislature in 1975. You ask:

Will theHarris County Commissioners Court's regulatory authority over private water companies, as ispresently provided by article 2372q-1, V.A.T.S., terminate after September 1, 1976. Section 2of the new statute conferring authority upon commissioners courts, article 2372q-1, reads:

Sec.2. (a) The rates and services of aprivate water company ina county with apopulation ofmore than 1,500,000, according to the last preceding federal census, shall be regulated by the commissioners court asprovided in this Act, if:

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p. 3686The Honorable Joe Resweber -page 2 (H-875)

(1) the private water company is charging orproposes to charge residential rates in any service areawhich exceed by 30percent ormore the highest residential rates charged by thewater department of the largest city in the county; or (2) apetition is submitted to the commissioners court signed by at least 30percent of thepersons residing, according to the lastpreceding federal census, inone ormore of the service areas served by aprivate water company requesting that the commissioners court exercise regulatory authority over the company serving them.

. . . . Standing by itself, article 2372q-1 appears toauthorize theHarris County Commissioners Court to regulate private water companies selling water inHarris County. Rut the Public Utility Regulatory Act, article 1446c, reads in pertinent part:

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. . . Cc) The term 'publicutility' or 'utility,'when used in thisAct, includes any person, corporation, river authority, cooperative corporation, or any combination thereof, other than amunicipal 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 thepublic or for resale to thepublic for any use, or the

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pe3687The 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 thebusiness of every public utility within its jurisdiction and todo all things, whether specifically designated in thisAct 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 notwithin the incorporated limits of amunicipality exercising exclusive original jurisdiction over those rates, operations, and services as provided in thisAct.

. . . Sec. 07. (a) The regulatory authority shall assume jurisdiction and allpowers and duties of regulation under thisAct on January 1, 1976, except asprovided in Subsection (b)of this section. (b) The regulatory authority shall assume jurisdiction over rates and service ofpublic utilities on September 1, 1976.

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p.3688The Honorable Joe Resweber -page 4 (H-875)

Sec. 90. (a) [Various specific statutes] and all other laws and parts of laws in conflict with thisAct 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 thisAct, shall remain in effect until such time as the commission or railroad commission promulgates provisions applicable to the exercise of the commission's or railroad commission's jurisdiction over public utilities.
It isapparent that thePublic 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 theArand the general repealer found in section 90, it is our opinion that the Public Utility Regulatory Act is intended to repeal article 2372q1. See 53Tex.Jur.Zd, Statutes 9 110. However, any repeal is enctive only as stated in section 90of theAct, which provides for repeal of conflicting statutes on September 1, 1976.Thus, the authority conferred upon commissioners courts by article 2372q-1was replaced by theprimary power vested in theTexas Public Utilities Commission by sections 16and 17(e) of thePublic 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 theTexas Public Utilities Commission.
SUMMARY The authority conferred upon commissioners courts by article 2372q-1,V.T.C.S., was replaced by theprimary power vested

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The Honorable Joe Resweber -page 5 (H-875)

in theTexas Public Utilities Commission by article 1446c, sections 16and 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 jwb

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