H.B. No. 872
AN ACT
relating to the rates and fees related to pipeline inspection and
gas utility services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.301(a), Utilities Code, is amended
to read as follows:
(a) A gas utility that has filed a rate case under
Subchapter C within the preceding two years may file with the
regulatory authority a tariff or rate schedule that provides for an
interim adjustment in the utility's monthly customer charge or
initial block rate to recover the cost of changes in the investment
in service for gas utility services. The adjustment shall be
allocated among the gas utility's classes of customers in the same
manner as the cost of service was allocated among classes of
customers in the utility's latest effective rates for the area in
which the tariff or rate schedule is implemented. The gas utility
shall file the tariff or rate schedule, or the annual adjustment
under Subsection (c), with the regulatory authority at least 60
days before the proposed implementation date of the tariff, rate
schedule, or annual adjustment. The gas utility shall provide
notice of the tariff, rate schedule, or annual adjustment to
affected customers by bill insert or direct mail not later than the
45th day after the date the utility files the tariff, rate schedule,
or annual adjustment with the regulatory authority. During the
60-day period, the regulatory authority may act to suspend the
implementation of the tariff, rate schedule, or annual adjustment
for up to 45 days. After the issuance of a final order or decision
by a regulatory authority in a rate case that is filed after the
implementation of a tariff or rate schedule under this section, any
change in investment that has been included in an interim
adjustment in accordance with the tariff or rate schedule under
this section shall no longer be subject to subsequent review for
reasonableness or prudence. Until the issuance of a final order or
decision by a regulatory authority in a rate case that is filed
after the implementation of a tariff or rate schedule under this
section, all amounts collected under the tariff or rate schedule
before the filing of the rate case are subject to refund.
SECTION 2. Sections 121.211(d) and (g), Utilities Code, are
amended to read as follows:
(d) The commission may assess each operator of a
[investor-owned and each municipally owned] natural gas
distribution system subject to this chapter an annual inspection
fee not to exceed 50 cents for each service line reported by the
system on the Distribution Annual Report, Form RSPA F7100.1-1, due
on March 15 of each year. The fee is due March 15 of each year.
(g) Each operator of a [investor-owned and municipally
owned] natural gas distribution system [company] and each natural
gas master meter operator shall recover as a surcharge to its
existing rates the amounts paid to the commission under this
section. Amounts collected under this subsection by an
investor-owned natural gas distribution system or a cooperatively
owned natural gas distribution system [company] shall not be
included in the revenue or gross receipts of the company for the
purpose of calculating municipal franchise fees or any tax imposed
under Subchapter B, Chapter 182, Tax Code, or under Chapter 122.
Those amounts are not subject to a sales and use tax imposed by
Chapter 151, Tax Code, or Subtitle C, Title 3 [Chapters 321 through
327], Tax Code.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 872 was passed by the House on April
6, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 872 on May 27, 2005, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 872 on May 29, 2005, by the following
vote: Yeas 131, Nays 7, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 872 was passed by the Senate, with
amendments, on May 19, 2005, by the following vote: Yeas 29, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
872 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor