By: Dutton H.B. No. 2490 73R1623 CBH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to unfair business practices by a gas utility and its 1-3 affiliate. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 5.12, Gas Utility Regulatory Act (Article 1-6 1446e, Vernon's Texas Civil Statutes), is amended to read as 1-7 follows: 1-8 Sec. 5.12. DISCRIMINATION; RESTRICTION ON COMPETITION. (a) 1-9 No gas utility may discriminate against any person or corporation 1-10 that sells or leases equipment or performs services in competition 1-11 with the gas utility, nor may any gas utility engage in any other 1-12 practice that tends to restrict or impair that competition. 1-13 (b) A gas utility may not provide any goods, services, or 1-14 other thing of value to an affiliated interest if the provision of 1-15 the goods, services, or thing of value tends to: 1-16 (1) restrict or impair competition between the 1-17 affiliated interest and another person or corporation; or 1-18 (2) confer on the affiliated interest an unfair 1-19 competitive advantage. 1-20 (c) If the commission, on its own motion or on complaint by 1-21 an affected person, and after reasonable notice and hearing, finds 1-22 that a gas utility has engaged in an activity that tends to 1-23 directly and materially restrict competition, the commission may 1-24 pursue any remedy provided by Article IX of this Act that the 2-1 commission determines is in the public interest, including civil 2-2 and criminal penalties. 2-3 (d) The commission shall ensure compliance with this section 2-4 to the extent necessary to accomplish the objectives and purposes 2-5 of this section. 2-6 (e) The commission shall adopt necessary rules to accomplish 2-7 the objectives and purposes of this section. 2-8 SECTION 2. This Act takes effect September 1, 1993. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended.