By Turner of Harris H.B. No. 2307 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the right of electric utilities to seek contribution or 1-3 reimbursement from persons transmitting power on utility 1-4 transmission or distribution systems or using utility transmission 1-5 or distribution systems to make sales to utilities. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Chapter 10, Title 32, Revised Statutes, is 1-8 amended by adding Article 1436d to read as follows: 1-9 Art. 1436d. 1-10 Section 1. In any action or claim brought against an 1-11 electric utility based in whole or in part on a theory of strict 1-12 products liability, breach of implied warranty, other liability 1-13 without negligence, or liability based on the inherent 1-14 characteristics of electricity, the utility shall have a right on 1-15 contribution against any person using the utility's transmission or 1-16 distribution system to transmit power or make a sale of energy or 1-17 capacity to the utility. In the case of an action or claim based 1-18 in whole or in part on a theory of strict products liability, 1-19 breach of implied warranty or other liability without negligence, 1-20 the amount of contribution the utility shall be entitled to receive 1-21 from such person shall be based on the amount of power such person 1-22 was transmitting or selling to the utility at the time of the 1-23 accident or injury made the basis of the claim or action against 2-1 the electric utility. In the case of an action or claim based in 2-2 whole or in part on liability based on the inherent characteristics 2-3 of electricity, the amount of contribution the utility shall be 2-4 entitled to receive from such person shall be based on the amount 2-5 of power such person transmitted or sold to the utility during the 2-6 twelve month period immediately preceding the accident or injury 2-7 made the basis of the claim or action against the utility. 2-8 Section 2. If as a result of any future statute, regulation 2-9 or judicial or administrative decision, an electric utility is 2-10 required to make any improvements, modifications, retrofits or 2-11 other changes to its transmission and/or distribution system, or 2-12 any part thereof, on the basis of the inherent characteristics of 2-13 electricity, the utility shall have a right to reimbursement from 2-14 any person using the utility's transmission or distribution system 2-15 to transmit power or make a sale of energy or capacity to the 2-16 utility. The amount of reimbursement the utility shall be entitled 2-17 to receive from such person shall be based on the amount of power 2-18 such person transmitted or sold to the utility during the twelve 2-19 month period immediately preceding the passage or adoption of such 2-20 statute or regulation or the entry of the judicial or 2-21 administrative decision. 2-22 SECTION 2. Nothing in this legislation shall be construed to 2-23 invalidate any provision of any contract entered into prior to the 2-24 effective date of this Act providing for the transmission of power 2-25 on a utility's transmission or distribution system, the 3-1 interconnection to a utility's transmission or distribution system 3-2 or the sale of power to a utility. 3-3 SECTION 3. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended, 3-8 and that this Act take effect and be in force from and after its 3-9 passage, and it is so enacted.