77R10876 MTB-D
By Lewis of Orange H.B. No. 2718
Substitute the following for H.B. No. 2718:
By Lewis of Orange C.S.H.B. No. 2718
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recovery of certain relocation costs by a gas
1-3 utility.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 104.112, Utilities Code, is amended by
1-6 amending Subsection (d) and adding Subsection (e) to read as
1-7 follows:
1-8 (d) Not later than the 35th [30th] day after the date an
1-9 application under Subsection (b) is received [on which all of the
1-10 documentation required by Subsection (c) has been received], the
1-11 regulatory authority shall administratively grant or deny the
1-12 application. Denial of the application must be based on a finding
1-13 that:
1-14 (1) the relocation was not necessary or required;
1-15 (2) the costs of the relocation were excessive or not
1-16 supported;
1-17 (3) the utility did not pursue reimbursement from the
1-18 entity requiring the relocation, if applicable;
1-19 (4) the surcharge is unduly discriminatory among
1-20 customers or classes of customers located in the service area; or
1-21 (5) the period over which the relocation costs are
1-22 designed to be recovered is less than one or more than three years.
1-23 (e) If the regulating authority does not make a decision
1-24 before the deadline prescribed by Subsection (d), the application
2-1 is approved.
2-2 SECTION 2. This Act takes effect September 1, 2001, and
2-3 applies only to an application received on or after that date. An
2-4 application received before September 1, 2001, is governed by the
2-5 law in effect on the date the application was received, and the
2-6 former law is continued in effect for that purpose.