76R11783 JJT-F By Hawley H.B. No. 2308 Substitute the following for H.B. No. 2308: By West C.S.H.B. No. 2308 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to services of a gas utility provided to a school 1-3 district. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter F, Chapter 104, Utilities Code, is 1-6 amended by adding Section 104.2545 to read as follows: 1-7 Sec. 104.2545. REQUIRED SERVICE TO SCHOOL DISTRICT. (a) In 1-8 this section, "service site" means facilities or buildings operated 1-9 by a school district in a contiguous geographic area. 1-10 (b) Unless the utility is prohibited by other law from 1-11 providing the service and if sufficient pipeline capacity is 1-12 available on an existing facility of the utility to provide the 1-13 service, a gas utility or municipally owned utility may not refuse 1-14 to provide to a school district at a service site, at rates 1-15 established as provided by Subsection (c), the following services: 1-16 (1) the sale of gas; 1-17 (2) the transportation of an annual average of 10 1-18 million British thermal units or more each day of gas that is: 1-19 (A) taken as a royalty in kind; and 1-20 (B) owned by the state or managed by a marketing 1-21 program operated by the state or by a state agency; or 1-22 (3) a combination of the services described by 1-23 Subdivisions (1) and (2). 1-24 (c) A utility shall provide a service described by 2-1 Subsection (b) at rates provided by a written contract negotiated 2-2 between the utility and the state or a state agency. If the 2-3 utility and the state or state agency are not able to agree to a 2-4 contract rate, the railroad commission may determine a fair and 2-5 reasonable rate for the school district as a rate for a separate 2-6 class of service. 2-7 SECTION 2. This Act takes effect September 1, 1999. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.