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Amend CSHB 2986 by adding the following appropriately
numbered SECTION to the bill and renumbering subsequent SECTIONS of
the bill as appropriate:
SECTION ___. Subchapter C, Chapter 105, Utilities Code, is
amended by adding Section 105.052 to read as follows:
Sec. 105.052. COST REIMBURSEMENT. (a) A gas utility shall
reimburse the costs of a complainant in a proceeding filed under
this title or under Subchapter G, Chapter 111, Natural Resources
Code, to the extent the regulatory authority determines reasonable
if the complainant prevails before a regulatory authority or a
court.
(b) Costs for which a prevailing complainant may receive
reimbursement under this section include costs:
(1) related to the investigation, preparation,
prosecution, and litigation of a matter before a regulatory
authority or court, such as the costs of consultants, accountants,
auditors, attorneys, expert witnesses, and engineers; and
(2) that are not yet paid because payment has been
deferred pending reimbursement by a gas utility.
(c) Notwithstanding any other provision of this title and
except as provided by Subsection (d), a gas utility may not recover
as or through a charge to the gas utility's customers any amount
paid as reimbursement to a complainant under this section.
(d) A gas utility may recover through its rates its
reasonable rate case expenses attributable to defending against a
complaint under this title or under Subchapter G, Chapter 111,
Natural Resources Code, if the regulatory authority finds the
complaint to be frivolous or without significant merit. In making a
determination under this section, the regulatory authority shall
consider:
(1) the nature and degree of the offense that is the
object of the complaint; and
(2) the degree to which the complaint was shown to be
justified.
(e) This section does not diminish or restrict the right of
a municipality to obtain rate assistance and receive cost
reimbursement under Section 103.022.