El Paso City Council considers ordinance targeting misleading water quality solicitations
EL PASO, Texas (KVIA) -- El Paso City Council is considering a proposed ordinance aimed at cracking down on misleading commercial solicitations related to water quality, testing, filtration and treatment that residents say too often resemble official communications from public agencies.
The agenda item would direct the City Attorney, working with the City Manager and with assistance from El Paso Water Public Service Board counsel as needed, to draft an ordinance requiring private businesses marketing water-related products or services to clearly disclose they are not affiliated with or endorsed by any government agency or public utility.
City officials said the proposal comes after ongoing complaints from residents who have received door hangers, mailers and other advertisements that appear to be from El Paso Water or another official source, but are actually from private companies selling water treatment or filtration services.
Officials said some solicitations use language suggesting local water may be unsafe or in need of urgent testing or treatment, creating confusion among residents and potentially leading them to purchase unnecessary products or services.
According to the agenda item, the issue has persisted for several years and appears to have increased since the COVID-19 pandemic.
Under the proposed ordinance, any commercial solicitation involving water quality, water safety, water testing, water treatment, water filtration, or related services would be required to include a prominent disclosure stating, “This is an advertisement for a product or service by [Company Name]. This business is not affiliated with or endorsed by any government agency or public utility provider.”
Businesses also would be required to list their full legal name, any assumed business name, physical or mailing address, and a valid phone number or email address. The disclosure would need to appear in every language used in the solicitation and be displayed prominently in a font size no smaller than the main body text.
The ordinance would apply only to private commercial solicitations and would exempt communications issued by government entities, authorized public utilities, or contractors acting on their behalf when that relationship is clearly identified.
Violations would trigger a graduated enforcement process, beginning with a written notice and opportunity to correct the issue, followed by civil or administrative penalties for repeat violations. Criminal enforcement would be limited to cases involving intentional misrepresentation of affiliation with a government agency or public utility, or repeated and willful violations.
City officials said the ordinance is designed as a consumer protection measure rather than a restriction on lawful business activity.
According to the agenda item, municipalities are generally preempted from regulating water quality standards, which fall under the authority of the Texas Commission on Environmental Quality and other state agencies, but cities retain the ability to regulate deceptive or misleading business practices.
Officials said the proposal is intended to protect consumers, particularly seniors and other vulnerable residents, from misleading practices while preserving public trust in legitimate communications from the city and its water utility.
The agenda item notes that similar disclosure-based ordinances have been adopted in other jurisdictions to address private advertisements that may be mistaken for official notices.
If approved by council, the ordinance would be drafted and later returned for formal consideration at a future meeting.
