79R9589 MTB-F
By:  West                                                         H.B. No. 2986
A BILL TO BE ENTITLED
AN ACT
relating to the informal resolution of certain proceedings 
conducted by the Railroad Commission of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 102, Utilities Code, is 
amended by adding Section 102.0055 to read as follows:
	Sec. 102.0055.  INFORMAL RESOLUTION OF CONTESTED 
PROCEEDINGS.  (a)  In this section, "contested proceeding" means a 
hearing, claim, complaint, investigation, inquiry, or other 
procedure for finding facts or making a decision:
		(1)  that involves disputed issues of law, fact, or 
both law and fact arising out of a contract for a transaction or for 
services; and
		(2)  over which the railroad commission has original 
jurisdiction under this title.
	(b)  This section does not apply to a contested proceeding:             
		(1)  initiated under Chapter 103;                                      
		(2)  initiated under Subchapter C or G, Chapter 104; or                
		(3)  related to the rates, services, or practices of a 
gas utility that is not docketed by the railroad commission.
	(c)  The railroad commission by rule shall establish a 
process for informal resolution of contested proceedings as 
provided by this section.  The railroad commission by rule shall 
require all parties to a contested proceeding to participate in the 
informal resolution process.  A hearing may not be conducted under 
Section 102.006 until the informal resolution process is completed.
	(d)  The railroad commission shall require the parties to a 
contested proceeding to participate in a mediation process, as the 
first step of the informal resolution procedure, and undertake to 
settle all issues raised in the case by the mediation process.  The 
commission rules must provide for the appointment of railroad 
commission staff to conduct the mediation process and must require 
the process to be completed not later than the 90th day after the 
date the relevant contested proceeding is docketed by the railroad 
commission unless the parties to the mediation and the commission 
staff agree that additional time is warranted.
	(e)  The railroad commission staff shall conduct limited 
discovery as part of the mediation.  The discovery is limited to 
obtaining copies of the 10 most relevant contracts for services or 
transactions that are similar to the contract that is the basis for 
the contested proceeding and any other relevant documents or 
information the staff determines is necessary to the mediation.  
The mediator shall provide to the parties to the mediation the 
mediator's summary of relevant information contained in the 
contracts without disclosing the parties to the contracts or 
information that allows a party to a contract to be identified.  If 
the party producing the contracts or other relevant documents 
requests that the contracts or documents be reviewed at the party's 
offices, the railroad commission staff may make copies of the 
contracts or documents for the mediation process and the producing 
party shall pay the staff's travel expenses in an amount not to 
exceed the per diem allowance for state employees in accordance 
with the General Appropriations Act.
	(f)  If the parties agree for the mediation to be conducted 
at a location other than the offices of the railroad commission in 
Austin, Texas, the parties shall share equally the cost of the 
railroad commission staff's travel expenses in an amount not to 
exceed the per diem allowance for state employees in accordance 
with the General Appropriations Act.
	(g)  If the mediation process results in an agreed settlement 
of all issues, the railroad commission by order shall approve the 
settlement and dismiss the contested proceeding.
	(h)  If the mediation process does not result in an agreed 
settlement of all issues during the period for mediation provided 
by Subsection (d), railroad commission staff shall, before the 11th 
day after the completion of the period for mediation, send a 
confidential memorandum to each party to the mediation process that 
states one of the following conclusions, based on the information 
reviewed by the staff:
		(1)  no discriminatory act has been identified; or                     
		(2)  further formal proceeding is warranted.                           
	(i)  After a memorandum is issued under Subsection (h), 
railroad commission staff shall:
		(1)  convene a settlement conference of the parties to 
be held before the 31st day after the completion of the period for 
mediation, if a party requests a settlement conference based on the 
memorandum; or
		(2)  set the contested proceeding for an administrative 
hearing under Section 102.006:
			(A)  not later than the 61st day after the 
completion of the period for mediation; or
			(B)  at a time considered appropriate by the 
railroad commission staff, if the contested proceeding relates to 
setting a cost of service rate under Subchapter B, Chapter 104.
	(j)  If the railroad commission staff convenes a settlement 
conference and the conference results in an agreed settlement, the 
railroad commission by order shall approve the settlement and 
dismiss the contested proceeding.  If a settlement conference does 
not result in an agreed settlement, the railroad commission staff 
shall set the matter for an administrative hearing under Section 
102.006.
	(k)  Section 2009.054, Government Code, applies to 
information produced or obtained during a mediation or settlement 
conference under this section.
	(l)  If a contested proceeding is settled under this section, 
the railroad commission may award to the prevailing party all or a 
part of the  equitable and just costs actually incurred under this 
section, including the costs of mediation, just and reasonable 
attorney's fees, expert witness fees, investigation costs, and 
costs of mediation personnel. An award under this subsection does 
not affect the amount of litigation expenses a party may be entitled 
to recover under other law or a rule adopted by the railroad 
commission. Unless authorized by the railroad commission, costs 
assessed under this subsection against a gas utility may not be 
recovered through a rate set by the railroad commission. Costs may 
not be awarded under this subsection unless a party has made a 
settlement offer and the agreed settlement contained in the 
railroad commission's order adopts the position contained in the 
offer.
	SECTION 2.  Subchapter G, Chapter 111, Natural Resources 
Code, is amended by adding Section 111.228 to read as follows:
	Sec. 111.228.  INFORMAL RESOLUTION OF CONTESTED 
PROCEEDINGS.  (a)  In this section, "contested proceeding" means a 
hearing, claim, complaint, investigation, inquiry, or other 
procedure for finding facts or making a decision:
		(1)  that involves disputed issues of law, fact, or 
both law and fact arising out of a contract for a transaction or for 
services; and
		(2)  over which the commission has jurisdiction under 
this chapter or Chapter 117.
	(b)  This section does not apply to a contested proceeding 
related to the rates, services, or practices of a public utility or 
pipeline facility that is not docketed by the commission.
	(c)  The commission by rule shall establish a process for 
informal resolution of contested proceedings as provided by this 
section.  The commission by rule shall require all parties to a 
contested proceeding to participate in the informal resolution 
process.  A hearing may not be conducted under this chapter or 
Chapter 117 until the informal resolution process is completed.
	(d)  The commission shall require the parties to a contested 
proceeding to participate in a mediation process, as the first step 
of the informal resolution procedure, and undertake to settle all 
issues raised in the case by the mediation process.  The commission 
rules must provide for the appointment of commission staff to 
conduct the mediation process and must require the process to be 
completed not later than the 90th day after the date the relevant 
contested proceeding is docketed by the commission unless the 
parties to the mediation and the commission staff agree that 
additional time is warranted.
	(e)  The commission staff shall conduct limited discovery as 
part of the mediation.  The discovery is limited to obtaining copies 
of the 10 most relevant contracts for services or transactions that 
are similar to the contract that is the basis for the contested 
proceeding and any other relevant documents or information the 
staff determines is necessary to the mediation.  The mediator shall 
provide to the parties to the mediation the mediator's summary of 
relevant information contained in the contracts without disclosing 
the parties to the contracts or information that allows a party to a 
contract to be identified.  If the party producing the contracts or 
other relevant documents requests that the contracts or documents 
be reviewed at the party's offices, the commission staff may make 
copies of the contracts or documents for the mediation process and 
the producing party shall pay the staff's travel expenses in an 
amount not to exceed the per diem allowance for state employees in 
accordance with the General Appropriations Act.
	(f)  If the parties agree for the mediation to be conducted 
at a location other than the offices of the commission in Austin, 
Texas, the parties shall share equally the cost of the commission 
staff's travel expenses in an amount not to exceed the per diem 
allowance for state employees in accordance with the General 
Appropriations Act.
	(g)  If the mediation process results in an agreed settlement 
of all issues, the commission by order shall approve the settlement 
and dismiss the contested proceeding.
	(h)  If the mediation process does not result in an agreed 
settlement of all issues during the period for mediation provided 
by Subsection (d), commission staff shall, before the 11th day 
after the completion of the period for mediation, send a 
confidential memorandum to each party to the mediation process that 
states one of the following conclusions, based on the information 
reviewed by the staff:
		(1)  no discriminatory act has been identified; or                     
		(2)  further formal proceeding is warranted.                           
	(i)  After a memorandum is issued under Subsection (h), 
commission staff shall:
		(1)  convene a settlement conference of the parties to 
be held before the 31st day after the completion of the period for 
mediation if a party requests a settlement conference based on the 
memorandum; or
		(2)  set the contested proceeding for an administrative 
hearing under this chapter or Chapter 117 not later than the 61st 
day after the completion of the period for mediation.
	(j)  If the commission staff convenes a settlement 
conference and the conference results in an agreed settlement, the 
commission by order shall approve the settlement and dismiss the 
contested proceeding.  If a settlement conference does not result 
in an agreed settlement, the commission staff shall set the matter 
for an administrative hearing under this chapter or Chapter 117.
	(k)  Section 2009.054, Government Code, applies to any 
information produced or obtained during a mediation or settlement 
conference under this section.
	(l)  If a contested proceeding is settled under this section, 
the commission may award to the prevailing party all or a part of 
the equitable and just costs actually incurred under this section, 
including the costs of mediation, just and reasonable attorney's 
fees, expert witness fees, investigation costs, and costs of 
mediation personnel.  An award under this subsection does not 
affect the amount of litigation expenses a party may be entitled to 
recover under other law or a rule adopted by the commission.  Unless 
authorized by the commission, costs assessed under this subsection 
against a public utility or pipeline facility may not be recovered 
through a rate set by the commission.  Costs may not be awarded 
under this subsection unless a party has made a settlement offer and 
the agreed settlement contained in the commission's order adopts 
the position contained in the offer.
	SECTION 3.  This Act takes effect September 1, 2005.