78R7591 JJT-D


By:  Ellis                                                        H.B. No. 3034



A BILL TO BE ENTITLED

AN ACT

relating to the rates of certain retail public utilities.                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  Section 10.08(a), Chapter 966, Acts of the 
77th Legislature, Regular Session, 2001, is amended to read as 
follows:
	(a)  The changes in law made by this article to Chapter 13, 
Water Code, apply to a proceeding in which the Texas Natural 
Resource Conservation Commission has not issued a final order 
before the effective date of this article [; provided, however, 
that this article does not apply to a retail public utility for 
which a final order in any rate proceeding has been issued by the 
Texas Natural Resource Conservation Commission prior to January 1, 
2001, as long as that retail public utility is the same as, 
controlled by, or an affiliate of the retail public utility for 
which a final order was issued prior to January 1, 2001.  This 
subsection shall not be construed to permit a public utility to 
increase rates without obtaining the approval of the Texas Natural 
Resource Conservation Commission].
	(b)  The change in law made by this Act is a clarification of 
existing law and does not imply that existing law may be construed 
as being inconsistent with the law as amended by this Act.
	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.