79R3593 CBH-F

By:  Eltife                                                       S.B. No. 1755



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 of a state agency or 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, state agency, or 
municipality is wholly or partially successful in prosecuting the 
complaint before a regulatory authority or a court.  A state agency 
or municipality is eligible for reimbursement under this section 
only if the agency or municipality had requested and offered to 
participate in a nonbinding informal complaint resolution 
procedure under the auspices of the railroad commission  before the 
complaint was filed, or in the event of an emergency, within a 
reasonable time after the complaint was filed, as determined by the 
railroad commission.
	(b)  Costs for which an affected person, a state agency, or a 
municipality may receive reimbursement under this section include 
any reasonably necessary expenses related to the investigation, 
preparation, and prosecution of a claim on which the person, 
agency, or municipality prevails, including the reasonable costs of 
consultants, accountants, auditors, attorneys, and engineers.
	(c)  For purposes of this section, an affected person or a 
state agency or 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 applies only to a complaint filed on or 
after the effective date of this Act.  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.
	SECTION 3.  This Act takes effect September 1, 2005.