Pix Howell, a legislative consultant for the West Travis County Public Utility Agency, is promoting legislation to specifically define the water agency’s powers.[/caption]

With the Feb. 24 approval of Bee Cave City Council and Hays County Commissioners Court, West Travis County Public Utility Agency lobbyists are working to find a sponsor in the Texas Legislature for a bill that would define the specific water and wastewater powers the agency has, WTCPUA General Manager Don Rauschuber said. The agency may ask Rep. Paul Workman, R-Austin, for sponsorship before seeking a Senate sponsor, he said.

The agency provides water and wastewater to Bee Cave, Hays County and West Travis County Municipal Utility District No. 5. The WTCPUA charges fees for its retail water and wastewater services.

Each WTCPUA member appoints representatives to the agency's board—two Bee Cave City Council appointees, two Hays County Commissioners Court appointees and one MUD No. 5 appointee.

A PUA's powers are defined by the Texas Local Government Code as being the same powers that a municipality which owns a water or wastewater facility has.

"The [proposed] bill does not expand the powers of the PUA [but] specifically sets out its powers," Rauschuber said.

He said the enumeration, or listing, of a PUA's powers will make it easier for the agency to defend against a lawsuit.

The proposed bill would apply to the three public utility agencies in Texas, with the WTCPUA being the only one fully operating, Rauschuber said.

The WTCPUA hired three lobbyists at a cost of at least $300,000 to guide the legislation through the Texas House of Representatives and Senate, Rauschuber said.

Specifically, the proposed bill adds language granting the WTCPUA the power to set service rates, acquire property by eminent domain, provide service to residents directly instead of through its member entities—Bee Cave, Hays County and MUD 5, establish and collect fees including impact fees for new development and award contracts valued at less than $75,000 without getting competitive bids.

Steve Albert, Bee Cave resident and Economic Development board member, said the legislation proposed appears to give too much power to the WTCPUA staff, attorneys and lobbyists but not enough to ratepayers, residents or bondholders.

"Wouldn't it be preferable if the [water] rates, impact fees and land use decisions are made directly by the participating entities [Bee Cave, MUD No. 5 and Hays County instead of WTCPUA]?," he said.

The proposal will also apply to the creation of future PUAs.

Albert said he is concerned the proposed powers would seem favorable to existing and planned MUDs, enticing these entities to become PUAs instead.

"The direct accountability inherent in a MUD [is] gone in a [PUA]," he said. "In a PUA the directors are appointed whereas in a MUD board they are elected. A MUD must have an election to issue debt, and a PUA does not. MUDs are formed by an act of the Legislature, and PUAs are not."

During its Feb. 24 meeting, Bee Cave City Council members also voiced concern that the city would be giving up control over deciding the water rates of its citizens.

In November, the council opposed a first draft of the legislation that granted the agency the broad powers given to MUDs, Mayor Pro Tem Bill Goodwin said.

Bee Cave City Attorney Patty Akers said the city's control over the WTCPUA's water rates rests in the right of the city to appoint representatives to the agency's board.

"The question of how much control any specific entity has over water rates is in question, but the legal representatives of all three entities are in agreement that the entities are not giving up anything by the proposed legislation," said Goodwin, who also sits on the WTCPUA board of directors. "Personally, I'm just not convinced."