By: Rosson S.B. No. 1121
A BILL TO BE ENTITLED
AN ACT
1-1 relating to allowable expenses for utility companies.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 41, Subsection 3, Public Utility
1-4 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
1-5 amended to read as follows:
1-6 (3) Expenses Disallowed. The regulatory authority
1-7 shall not consider for ratemaking purposes the following expenses:
1-8 (A) legislative advocacy expenses, whether made
1-9 directly or indirectly, including but not limited to legislative
1-10 advocacy expenses included in trade association dues;
1-11 (B) payments, except those made under an
1-12 insurance or risk-sharing arrangement executed before the date of
1-13 loss, made to cover costs of accident, equipment failure, or
1-14 negligence at a utility facility owned by a person or governmental
1-15 body not selling power inside the State of Texas;
1-16 (C) costs of processing a refund or credit under
1-17 Subsection (e) of Section 43 of this Act; or
1-18 (D) any expenditure found by the regulatory
1-19 authority to be unreasonable, unnecessary, or not in the public
1-20 interest, including but not limited to executive salaries,
1-21 advertising expenses, legal expenses, and civil penalties or fines.
1-22 Any salary, contract payment or payment of any other kind for
1-23 services is unreasonable if it is paid to or for the services of a
2-1 former employee of the utility who has received a severance payment
2-2 from the utility within the previous three years that exceeded the
2-3 former employee's highest annual base compensation unless the
2-4 severance payment plan was offered to all employees of the utility.
2-5 SECTION 2. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.