By Armbrister S.B. No. 741 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.