78R5750 CBH-D

By:  Duncan                                                       S.B. No. 1438



A BILL TO BE ENTITLED

AN ACT

relating to costs incurred by certain persons in relation to  
complaints filed with the Railroad Commission of Texas against gas 
utilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 105, Utilities Code, is 
amended by adding Section 105.052 to read as follows:
	Sec. 105.052.  REIMBURSEMENT OF REASONABLE COSTS.  (a)  To 
the extent the regulatory authority determines the costs are 
reasonable, a gas utility shall reimburse the costs of an affected 
person or a municipality that is a party to a proceeding that 
results from a complaint filed against the utility under Section 
105.051 if the affected person or party is wholly or partially 
successful in prosecuting the complaint before a regulatory 
authority or a court.
	(b)  Costs for which an affected person or a municipality may 
receive reimbursement under this section include any reasonable 
expenses related to the investigation, preparation, and 
prosecution of the complaint, including the reasonable costs of 
consultants, accountants, auditors, attorneys, and engineers.
	(c)  For purposes of this section, an affected person or a 
municipality may recover reasonable costs not yet paid because 
payment has been deferred pending a determination of reasonableness 
by the regulatory authority.
	(d)  Notwithstanding any other provision of this subtitle, a 
gas utility may not recover any amounts paid as reimbursement under 
this section as or through a charge to the utility's customers.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a complaint filed on or after that date.  A 
complaint filed before that date is governed by the law in effect on 
the date the complaint is filed, and that law is continued in effect 
for that purpose.