Texas Utility Accountability: A Simple Rule for Public Projects

Outsource the work. Not the responsibility.

Right of Way Texas supports a straightforward policy principle for Texas utility and public infrastructure projects: the entity that initiates, sponsors, controls, benefits from, or holds the governing permit for a project should not be able to make an affected resident chase an unknown chain of independent contractors simply to obtain a meaningful response.

The problem

Modern infrastructure work is often performed through layers of contractors and subcontractors. Contracting can be efficient and entirely legitimate. The accountability problem arises when that structure becomes the practical answer to a resident: the project sponsor points to the contractor, the contractor points elsewhere, and the resident is left to identify the right entity after the damage or disruption has already occurred.

The reform principle

Our proposed model is resident-first accountability. The responsible project sponsor or permit-holding entity should provide a clear claims path, investigate the event, and resolve verified resident harm within the duties established by law. Contractual indemnity and reimbursement disputes can then proceed between the project entities that negotiated those agreements.

That does not mean a utility or project sponsor should automatically be liable for every act committed by every contractor. It means private contracting arrangements should not erase the public-facing accountability obligations Texas chooses to impose on the entity that put the project into motion.

Why this matters

Residents generally do not choose the contractor, negotiate the project agreement, write the indemnity clauses, select the traffic-control company, or decide which entity will hold the permit. The entities that do make those decisions are better positioned to manage risk, require insurance, preserve records, investigate incidents, and pursue contractual recovery.

How we are pursuing it

The accountability principle can be advanced through several independent channels: the courts under existing law, public transparency and documented reporting, legislative reform, and administrative or permitting standards adopted by agencies such as TxDOT and local governments.

What this proposal is — and is not

This is a policy reform position. It is not a claim that current Texas law already imposes this exact rule in every project, every contractual relationship, or every factual setting. The legislative and administrative work will define the appropriate covered entities, defenses, remedies, notice requirements, and interaction with existing tort and indemnity law.

The public principle is intentionally simpler: if you own the project, own the responsibility.