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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of certain rate case expenses by a water |
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and sewer utility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.185(h), Water Code, is amended to |
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read as follows: |
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(h) The regulatory authority may not include for ratemaking |
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purposes: |
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(1) legislative advocacy expenses, whether made |
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directly or indirectly, including legislative advocacy expenses |
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included in trade association dues; |
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(2) costs of processing a refund or credit under |
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Section 13.187 [of this chapter]; [or] |
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(3) legal expenses, including attorney, consultant, |
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and expert witness fees and court costs, incurred by a water and |
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sewer utility in a contested proceeding under Section 13.187 or in |
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an appeal of that proceeding, other than legal expenses described |
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by Section 13.084; or |
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(4) any expenditure found by the regulatory authority |
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to be unreasonable, unnecessary, or not in the public interest, |
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including executive salaries, advertising expenses, legal expenses |
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not described by Subdivision (3), and civil penalties or fines. |
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SECTION 2. This Act applies only to a statement of intent |
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for which a regulatory authority has not issued a final decision |
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before the effective date of this Act. A statement of intent for |
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which a regulatory authority has issued a final decision before the |
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effective date of this Act is governed by the law in effect on the |
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date that final decision was issued and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |