1-1 AN ACT
1-2 relating to recovery of certain relocation costs by a gas utility.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 104, Utilities Code, is
1-5 amended by adding Section 104.112 to read as follows:
1-6 Sec. 104.112. SURCHARGE TO RECOVER RELOCATION COSTS. (a)
1-7 This section applies to a gas utility's costs of relocating a
1-8 facility to accommodate construction or improvement of a highway,
1-9 road, street, public way, or other public work by or on behalf of
1-10 the United States, this state, a political subdivision of this
1-11 state, or another entity having the power of eminent domain that
1-12 are not reimbursed by a source other than as provided by this
1-13 section.
1-14 (b) A gas utility may recover its relocation costs to which
1-15 this section applies through a surcharge on gas volumes sold and
1-16 transported to customers in the service area where the relocation
1-17 occurred by applying to each appropriate regulatory authority for a
1-18 new rate schedule or tariff. The gas utility is not required to
1-19 file a statement of intent to increase rates to institute the
1-20 surcharge, and the other provisions of this subchapter, other than
1-21 appeal rights, do not apply to institution of the surcharge.
1-22 (c) An application under Subsection (b) must include
1-23 sufficient documentation to demonstrate:
1-24 (1) the requirement for each relocation;
2-1 (2) the entity requiring the relocation;
2-2 (3) costs incurred for relocation of comparable
2-3 facilities;
2-4 (4) surcharge computations; and
2-5 (5) that reasonable efforts have been made to receive
2-6 reimbursement from the entity requiring the relocation, if
2-7 applicable.
2-8 (d) Not later than the 30th day after the date on which all
2-9 of the documentation required by Subsection (c) has been received,
2-10 the regulatory authority shall administratively grant or deny the
2-11 application. Denial of the application must be based on a finding
2-12 that:
2-13 (1) the relocation was not necessary or required;
2-14 (2) the costs of the relocation were excessive or not
2-15 supported;
2-16 (3) the utility did not pursue reimbursement from the
2-17 entity requiring the relocation, if applicable;
2-18 (4) the surcharge is unduly
2-19 discriminatory among customers or classes of customers located in
2-20 the service area; or
2-21 (5) the period over which the relocation costs are
2-22 designed to be recovered is less than one or more than three years.
2-23 SECTION 2. This Act takes effect September 1, 1999, and
2-24 applies only to a relocation project commenced on or after that
2-25 date.
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1985 was passed by the House on April
16, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1985 was passed by the Senate on May
10, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor