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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery through gas utility rates of expenses |
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related to a rate proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 104, Utilities Code, is |
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amended by adding Section 104.059 to read as follows: |
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Sec. 104.059. RECOVERY OF RATE PROCEEDING EXPENSES |
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PROHIBITED. (a) In establishing a gas utility's rates, the |
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regulatory authority may not allow the utility to recover through |
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its rates the attorney's fees or other expenses incurred by any |
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party in a rate proceeding conducted under this chapter or in an |
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appeal of a rate proceeding. |
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(b) A court may not award to a party the right to recover |
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through a gas utility's rates the attorney's fees or other expenses |
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incurred by any party in a rate proceeding conducted under this |
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chapter or in an appeal of a rate proceeding. |
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SECTION 2. The change in law made by Section 104.059, |
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Utilities Code, as added by this Act, applies only to a rate |
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proceeding for which a statement of intent is filed under Section |
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104.102, Utilities Code, or for which a regulatory authority serves |
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notice on a gas utility under Section 104.151, Utilities Code, on or |
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after the effective date of this Act. A rate proceeding for which a |
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statement of intent is filed under Section 104.102, Utilities Code, |
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or for which a regulatory authority serves notice on a gas utility |
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under Section 104.151, Utilities Code, before the effective date of |
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this Act is governed by the law in effect when the statement of |
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intent was filed or notice was served, 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, 2011. |