By Lewis of Orange                                    H.B. No. 1985
         76R6588 DWS-F                           
                                A BILL TO BE ENTITLED
 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 jurisdiction where the relocation
1-17     occurred by filing a new rate schedule or tariff with the
1-18     appropriate regulatory authority.  The gas utility is not required
1-19     to file a statement of intent to charge the surcharge and the other
1-20     provisions of this subchapter do not apply to institution of the
1-21     surcharge.
1-22           (c)  The regulatory authority shall administratively approve
1-23     the new rate schedule or tariff and may not prohibit the collection
1-24     of the surcharge or change the amount of the surcharge under
 2-1     Subchapter D unless the regulatory authority determines that:
 2-2                 (1)  the surcharge is unduly discriminatory among
 2-3     customers or classes of customers located in the jurisdiction; or
 2-4                 (2)  the period over which the relocation costs will be
 2-5     recovered is less than one or more than three years.
 2-6           SECTION 2.  This Act takes effect September 1, 1999.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.