By:  Henderson                                        S.B. No. 1628
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to service and rates of a gas utility.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subsection (d), Section 1, Article 6050, Revised
    1-4  Statutes, is amended to read as follows:
    1-5        (d)  No person shall be deemed to be a "gas utility," "public
    1-6  utility," or "utility" solely because such person is an affiliate
    1-7  of such an entity.  <The term "gas utility," "public utility," or
    1-8  "utility" does not include a person not otherwise a gas utility
    1-9  that transports gas on behalf of the state or a state agency or
   1-10  institution.>
   1-11        SECTION 2.  The following are repealed:
   1-12              (1)  Section 6, Article 6050, Revised Statutes; and
   1-13              (2)  Subsection (b), Section 1, Article 6053, Revised
   1-14  Statutes.
   1-15        SECTION 3.  The importance of this legislation and the
   1-16  crowded condition of the calendars in both houses create an
   1-17  emergency and an imperative public necessity that the
   1-18  constitutional rule requiring bills to be read on three several
   1-19  days in each house be suspended, and this rule is hereby suspended,
   1-20  and that this Act take effect and be in force from and after its
   1-21  passage, and it is so enacted.
   1-22                       COMMITTEE AMENDMENT NO. 1
   1-23        Amend S.B. 1628 on page 1, line 7, by inserting the following
   1-24  after "entity" and before the period:
    2-1  nor shall any regulatory authority find that the cost of service of
    2-2  such an entity includes any element not caused by the utility
    2-3  service of such an entity
    2-4                                                          Holzheauser
    2-5                       COMMITTEE AMENDMENT NO. 2
    2-6        Amend S.B. 1628 on by inserting the following new SECTION 3:
    2-7        SECTION 3.  Article 6053, Revised Statutes, is amended to add
    2-8  Sec. 3, as follows:
    2-9        Sec. 3.  CONSTRUCTION.  Any rate which complies with Section
   2-10  5.02(b) of Article 1446(e), Revised Statutes, shall be deemed just
   2-11  and reasonable and to otherwise comply with all rate provisions of
   2-12  this Act and Article 1446(e), Revised Statutes.
   2-13        Renumber existing SECTION 3 as SECTION 4.
   2-14                                                          Holzheauser