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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 84(R)

House Bill 2788

House Author:  Springer et al.

Effective:  Vetoed

Senate Sponsor:  Perry


            House Bill 2788 amends the Water Code to authorize a retail public utility to require the operator of a correctional facility that receives retail water or sewer utility service from the utility to comply with water conservation measures adopted or implemented by the utility.

 

Reason Given for Veto: "Texas' prison system and the many county-level correctional facilities across the state should seek to conserve water whenever doing so is consistent with their core purpose—the secure and lawful incarceration of inmates.  While water conservation is a worthy goal, House Bill 2788 goes too far by subjecting prisons and jails to the conservation mandates of local water utilities that do not share the correctional facilities' penological mission.  Ceding control of the state's correctional facilities' water use to local water utilities creates the potential for interference with a core function of government.  If the legislature wishes to require prisons and jails to use less water, it should do so directly rather than outsourcing the decision to local water utilities.  Moreover, this bill would mandate unfunded costs on state and local correctional facilities.  Any savings touted through reduced water consumption can, and should, be realized today through prudent water conservation measures that are not driven by regulation."