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By: Ellis (Senate Sponsor - Armbrister) H.B. No. 3034
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on Business
and Commerce; May 23, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 23, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3034 By: Williams
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 on Environmental Quality 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 that provided utility service in only 24 counties on
January 1, 2003. The provisions of Chapter 13, Water Code, that
were in effect before September 1, 2001, apply to those public
utilities [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.
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