Amend CSSB 483 by adding the following SECTION to the bill,
appropriately numbered, and renumbering the subsequent SECTIONS of
the bill accordingly:
SECTION ___. (a) Section 36.062, Utilities Code, is amended
to read as follows:
Sec. 36.062. CONSIDERATION OF CERTAIN EXPENSES. The
regulatory authority may not consider for ratemaking purposes:
(1) an expenditure for legislative advocacy, made
directly or indirectly, including legislative advocacy expenses
included in trade association dues;
(2) a payment made to cover costs of an accident,
equipment failure, or negligence at a utility facility owned by a
person or governmental entity not selling power in this state,
other than a payment made under an insurance or risk-sharing
arrangement executed before the date of loss;
(3) an expenditure for costs of processing a refund or
credit under Section 36.110; [or]
(4) an expenditure in satisfaction of an
administrative penalty imposed for market power abuse or other
violations under Section 39.157; or
(5) any other expenditure, including an executive
salary, advertising expense, legal expense, or civil penalty or
fine, the regulatory authority finds to be unreasonable,
unnecessary, or not in the public interest.
(b) Section 36.062, Utilities Code, as amended by this Act,
applies to an administrative penalty imposed for market power abuse
or other violations under Section 39.157, Utilities Code,
regardless of the date the penalty was imposed.