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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of natural gas by and rates charged by |
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certain gas utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 104.003, Utilities Code, is amended by |
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adding Subsections (f) and (g) to read as follows: |
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(f) Subsection (b)(1) does not apply to a gas utility when: |
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(1) the gas utility is providing service to a customer |
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whose facilities are connected to the facilities of only one gas |
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utility; and |
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(2) all other gas utilities providing service at a |
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location that is less than five miles from the location where the |
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service is provided are incapable of serving all of the customer's |
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natural gas requirements at the level of service needed by the |
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customer at that location. |
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(g) A gas utility may establish a rebuttable presumption |
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that a gas transportation rate meets the requirements of Subsection |
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(b)(2) by filing with the regulatory authority executed agreements |
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containing the gas transportation rates for two or more similarly |
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situated customers of the gas utility. An executed agreement filed |
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with a regulatory authority under this section is not confidential |
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and is public information under Chapter 552, Government Code. |
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SECTION 2. Section 104.151, Utilities Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) If a transmission pipeline purchaser of gas sold or |
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transported under a pipeline-to-pipeline or transportation rate |
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files a complaint with the railroad commission about the rate and |
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requests that the railroad commission set an interim rate while the |
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complaint is pending, the railroad commission shall set an interim |
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rate that the gas utility must apply to the complainant for the |
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service in question until the date the railroad commission enters |
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an order establishing the rate to be charged or otherwise disposing |
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of the complaint. The interim rate must provide the gas utility the |
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opportunity to avoid confiscation during the period beginning on |
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the date the complaint is filed and ending on the date the railroad |
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commission enters an order establishing the rate to be charged or |
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otherwise disposing of the complaint. |
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(d) A gas utility may not retaliate against a customer for |
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filing a complaint related to pipeline-to-pipeline or |
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transportation rates. |
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SECTION 3. Section 121.303, Utilities Code, is amended to |
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read as follows: |
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Sec. 121.303. PENALTY AND DAMAGES RECOVERABLE FOR [BY |
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VICTIM OF] DISCRIMINATION. (a) A penalty of not less than $100 and |
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not more than $1,000 for each violation is and compensatory damages |
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proximately caused by the discriminatory conduct are recoverable by |
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any person against whom discrimination prohibited by Section |
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121.104 is committed. |
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(b) An action [A suit] to collect a penalty or damages under |
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this section must be brought in the name of and for the benefit of |
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the person aggrieved. |
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(c) A person who recovers a penalty or damages under this |
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section is also entitled to reasonable attorney's fees. |
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(d) The penalty authorized under this section is in addition |
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to a penalty under Section 121.302. |
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(e) Discriminatory conduct prohibited by Section 121.104 is |
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grounds for action under Section 17.47, 17.58, 17.60, or 17.61, |
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Business & Commerce Code, by the consumer protection division of |
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the office of the attorney general. |
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SECTION 4. Section 121.303, Utilities Code, as amended by |
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this Act, applies only to a cause of action that accrues on or after |
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the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |