By Lewis of Orange H.B. No. 2718
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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. Section 104.112, (d), Utilities Code, is amended
1-5 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 service area where the relocation
1-17 occurred by applying to each appropriate regulatory authority for a
1-18 new rate schedule or tariff. The gas utility is not required to
1-19 file a statement of intent to increase rates to institute the
1-20 surcharge, and the other provisions of this subchapter, other than
1-21 appeal rights, do not apply to institution of the surcharge.
1-22 (c) An application under Subsection (b) must include
2-1 sufficient documentation to demonstrate:
2-2 (1) the requirement for each relocation;
2-3 (2) the entity requiring the relocation;
2-4 (3) costs incurred for relocation of comparable
2-5 facilities;
2-6 (4) surcharge computations; and
2-7 (5) that reasonable efforts have been made to receive
2-8 reimbursement from the entity requiring the relocation, if
2-9 applicable.
2-10 (d) Not later than the [30]5th day after the date on which
2-11 [all of the documentation required by] the filing is made under
2-12 Subsection [(c)](b), [has been received, the regulatory authority
2-13 shall administratively grant or deny] the application is deemed
2-14 approved unless denied by the regulatory authority[. Denial of the
2-15 application must be based] on a finding that:
2-16 (1) the relocation was not necessary or required;
2-17 (2) the costs of the relocation were excessive or not
2-18 supported;
2-19 (3) the utility did not pursue reimbursement from the
2-20 entity requiring the relocation, if applicable;
2-21 (4) the surcharge is unduly discriminatory among
2-22 customers or classes of customers located in the service area; or
2-23 (5) the period over which the relocation costs are
2-24 designed to be recovered is less than one or more than three years.
2-25 SECTION 2. This Act takes effect September 1, 2001, and
2-26 applies only to a relocation project commenced on or after that
3-1 date.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.