This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                


By:  Bonnen                                                       H.B. No. 2878



A BILL TO BE ENTITLED

AN ACT

relating to transportation rates between a gas utility or 
municipally owned utility and a state agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 104.201(a), Utilities Code, is amended 
by adding (i) and (ii) to read as follows:
	(a)  Notwithstanding Section 104.003(b), absent a contract 
for transportation service between a state agency and a gas utility 
or municipally owned utility, the railroad commission, not later 
than the 210th day after the date either party files a request to 
set a transportation rate, shall establish the transportation rate 
for the state agency.  The commission has exclusive original 
jurisdiction to establish a transportation rate for a state agency 
under this section.
		(i)  Prior to filing a request to set a transportation 
rate, a state agency may request all information in the possession 
of the gas utility or municipally owned utility necessary to 
calculate the cost of providing transportation service, including 
but not limited to financial statements and ledgers kept in 
accordance with the National Association of Regulatory Utility 
Commissioners' standards.
		(ii)  If the gas utility or municipally owned utility 
fails to provide such information within ninety (90) days of the 
request by the state agency, then the gas utility or municipally 
owned utility waives any claim to rate case expenses in a subsequent 
rate case filed by either party.  If the railroad commission finds 
the gas utility or municipally owned utility's failure to produce 
the requested information was an act of bad faith, then the railroad 
commission may order the gas utility or municipally owned utility 
to reimburse the reasonable rate case expenses of the state agency.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.