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.
1-37 * * * * *