1-1     By:  Lewis of Orange (Senate Sponsor - Armbrister)    H.B. No. 2718
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the recovery of certain relocation costs by a gas
 1-9     utility.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 104.112, Utilities Code, is amended by
1-12     amending Subsection (d) and adding Subsection (e) to read as
1-13     follows:
1-14           (d)  Not later than the 35th [30th] day after the date an
1-15     application under Subsection (b) is received [on which all of the
1-16     documentation required by Subsection (c) has been received], the
1-17     regulatory authority shall administratively grant or deny the
1-18     application. Denial of the application must be based on a finding
1-19     that:
1-20                 (1)  the relocation was not necessary or required;
1-21                 (2)  the costs of the relocation were excessive or not
1-22     supported;
1-23                 (3)  the utility did not pursue reimbursement from the
1-24     entity requiring the relocation, if applicable;
1-25                 (4)  the surcharge is unduly discriminatory among
1-26     customers or classes of customers located in the service area; or
1-27                 (5)  the period over which the relocation costs are
1-28     designed to be recovered is less than one or more than three years.
1-29           (e)  If the regulating authority does not make a decision
1-30     before the deadline prescribed by Subsection (d), the application
1-31     is approved.
1-32           SECTION 2. This Act takes effect September 1, 2001, and
1-33     applies only to  an application received on or after that date.  An
1-34     application received before September 1, 2001, is governed by the
1-35     law in effect on the date the application was received, and the
1-36     former law is continued in effect for that purpose.
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