AN ACT 1-1 relating to services of a gas utility provided to a school 1-2 district. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter F, Chapter 104, Utilities Code, is 1-5 amended by adding Section 104.2545 to read as follows: 1-6 Sec. 104.2545. REQUIRED SERVICE TO SCHOOL DISTRICT. (a) In 1-7 this section, "service site" means facilities or buildings operated 1-8 by a school district or a group of adjacent facilities or buildings 1-9 operated by a school district within one contiguous geographical 1-10 area. 1-11 (b) Unless the utility is prohibited by other law from 1-12 providing the service and if sufficient pipeline capacity is 1-13 available on an existing facility of the utility to provide the 1-14 service, a gas utility or municipally owned utility may not refuse 1-15 to provide service to a school district at a service site, at rates 1-16 established as provided by Subsection (c), the following services: 1-17 (1) the sale of gas; 1-18 (2) the transportation of an annual average of 10 1-19 million British thermal units or more each day of gas that is: 1-20 (A) taken as a royalty in kind; and 1-21 (B) owned by the state or managed by a marketing 1-22 program operated by the state or by a state agency; or 1-23 (3) a combination of the services described by 1-24 Subdivisions (1) and (2). 2-1 (c) A utility shall provide a service described by 2-2 Subsection (b) at rates provided by a written contract negotiated 2-3 between the utility and the state or a state agency. If the 2-4 utility and the state or state agency are not able to agree to a 2-5 contract rate, a fair and reasonable rate may be determined for the 2-6 school district, as a rate for a separate class of service, by the 2-7 railroad commission. 2-8 SECTION 2. This Act takes effect September 1, 1999. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1797 passed the Senate on April 22, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1797 passed the House on May 12, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor