Jeremy Schwartz and Eric Dexheimer
Austin American-Statesman
17 Dec 2011
Over the past decade, multistate water utilities have expanded aggressively in Texas, drawn by the state's booming population and welcoming regulatory environment. A September report prepared by utility analysts for Robert W. Baird & Co., a financial management company, identified Texas water regulators as the most generous in the country for private water companies. Today, three out-of-state corporations own about 500 Texas water systems that serve more than 250,000 residents.
For residents living outside cities served by private utility companies, the state environmental commission is charged with setting "just and reasonable" water rates based on a company's cost of doing business plus a guaranteed profit. In exchange, the companies enjoy a monopoly on their service area.
Yet critics say the agency is unprepared to handle the recent influx of corporations that have exploited a regulatory system more accustomed to handling rural mom-and-pop operations. Meanwhile, Texas laws provide fewer consumer protections to residents facing water rate increases than electricity and gas ratepayers.
"We are in the midst of a transformation in this state, and the state is ill-prepared to move into that transition," said Sen. Kirk Watson, D-Austin, who co-chairs a legislative subcommittee to investigate the rates charged by investor-owned water utilities. "It feels like it's happening at warp speed."
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