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A BILL TO BE ENTITLED
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AN ACT
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relating to the reimbursement of a municipality's expenses in a |
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ratemaking proceeding for electric or gas utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.023, Utilities Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) Notwithstanding Subsection (b), an electric utility is |
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not required to reimburse the municipality under Subsection (b) if |
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the utility, under a contract or franchise with the municipality, |
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has agreed to pay total charges described by Section 182.025, Tax |
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Code, in amounts that exceed the limits prescribed by Section |
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182.025(c), Tax Code. |
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(d) In addition to the limitation prescribed by Subsection |
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(c), an electric utility is not required to reimburse a |
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municipality for the fees and expenses of persons engaged under |
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Subsection (a) unless the municipality: |
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(1) has paid the fees and expenses; or |
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(2) by ordinance, expressly assumes the obligation to |
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pay the fees and expenses and declares that the obligation is not |
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contingent on the municipality's receipt of reimbursement under |
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this section. |
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SECTION 2. Section 103.022, Utilities Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) Notwithstanding Subsection (b), a gas utility is not |
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required to reimburse the municipality under Subsection (b) if the |
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utility, under a contract or franchise with the municipality, has |
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agreed to pay total charges described by Section 182.025, Tax Code, |
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in amounts that exceed the limits prescribed by Section 182.025(b), |
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Tax Code. |
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(d) In addition to the limitation prescribed by Subsection |
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(c), a gas utility is not required to reimburse a municipality for |
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the fees and expenses of persons engaged under Subsection (a) |
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unless the municipality: |
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(1) has paid the fees and expenses; or |
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(2) by ordinance, expressly assumes the obligation to |
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pay the fees and expenses and declares that the obligation is not |
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contingent on the municipality's receipt of reimbursement under |
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this section. |
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SECTION 3. Sections 33.023(c) and 103.022(c), Utilities |
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Code, as added by this Act, apply only to reimbursement tied to |
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total charges paid under a contract or franchise entered into or |
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renewed on or after the effective date of this Act. Reimbursement |
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tied to total charges paid under a contract or franchise entered |
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into or renewed before the effective date of this Act is governed by |
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the law in effect on the date the contract was entered into or |
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renewed, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |