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.