|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the transfer of functions relating to the rates and |
|
services of certain gas utilities, propane distribution system |
|
retailers, and submetering from the Railroad Commission of Texas to |
|
the Public Utility Commission of Texas. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 101.003, Utilities Code, is amended by |
|
adding Subdivision (3-a) and amending Subdivision (13) to read as |
|
follows: |
|
(3-a) "Commission" means the Public Utility Commission |
|
of Texas. |
|
(13) "Regulatory authority" means either the |
|
[railroad] commission or the governing body of a municipality, in |
|
accordance with the context. |
|
SECTION 2. Section 101.004(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) The [railroad] commission may determine that a person is |
|
an affiliate for purposes of this subtitle if the [railroad] |
|
commission after notice and hearing finds that the person: |
|
(1) actually exercises substantial influence or |
|
control over the policies and actions of a gas utility; |
|
(2) is a person over which a gas utility exercises the |
|
control described by Subdivision (1); |
|
(3) is under common control with a gas utility; or |
|
(4) actually exercises substantial influence over the |
|
policies and actions of a gas utility in conjunction with one or |
|
more persons with whom the person is related by ownership or blood |
|
relationship, or by action in concert, that together they are |
|
affiliated with the gas utility within the meaning of this section |
|
even though neither person may qualify as an affiliate |
|
individually. |
|
SECTION 3. Section 101.006, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 101.006. JURISDICTION OVER [CUMULATIVE EFFECT;
|
|
APPLICATION TO] GAS UTILITIES. (a) The jurisdiction of the |
|
commission under this subtitle does not affect [This subtitle is
|
|
cumulative of laws existing on September 1, 1983, relating to] the |
|
jurisdiction[,] or power[, or authority] of the Railroad Commission |
|
of Texas [railroad commission] over a gas utility granted under |
|
other law[, and, except as specifically in conflict with this
|
|
subtitle, that jurisdiction, power, and authority are not limited
|
|
by this subtitle]. |
|
(b) This subtitle applies to all gas utilities, including a |
|
gas utility that is under the jurisdiction, power, or authority of |
|
the [railroad] commission in accordance with a law other than this |
|
subtitle. |
|
SECTION 4. Sections 101.052(a) and (c), Utilities Code, are |
|
amended to read as follows: |
|
(a) The office: |
|
(1) may appear or intervene as a party or otherwise |
|
represent residential consumers, as a class, in appeals to the |
|
[railroad] commission only at the written request of an affected |
|
municipality's governing body; |
|
(2) may initiate or intervene as a matter of right or |
|
otherwise appear in a judicial proceeding that involves an action |
|
taken by the [railroad] commission in a proceeding in which the |
|
office was a party; |
|
(3) is entitled to the same access as a party, other |
|
than [railroad] commission staff, to records gathered by the |
|
[railroad] commission under Section 102.203; |
|
(4) is entitled to discovery of any nonprivileged |
|
matter that is relevant to the subject matter of a proceeding or |
|
petition before the [railroad] commission; |
|
(5) may represent an individual residential consumer |
|
with respect to the consumer's disputed complaint concerning |
|
utility services that is unresolved before the [railroad] |
|
commission; and |
|
(6) may recommend legislation to the legislature that |
|
the office determines would positively affect the interests of |
|
residential consumers. |
|
(c) This section does not limit the authority of the |
|
[railroad] commission to represent residential consumers. |
|
SECTION 5. Chapter 101, Utilities Code, is amended by |
|
adding Subchapter C to read as follows: |
|
SUBCHAPTER C. MEMORANDUM OF UNDERSTANDING WITH |
|
RAILROAD COMMISSION |
|
Sec. 101.071. MEMORANDUM OF UNDERSTANDING. The Railroad |
|
Commission of Texas and the commission shall enter into a |
|
memorandum of understanding that establishes the duties of each |
|
agency in administering this subtitle, Subtitle B, and other laws |
|
governing gas utilities. |
|
SECTION 6. The heading to Chapter 102, Utilities Code, is |
|
amended to read as follows: |
|
CHAPTER 102. JURISDICTION AND POWERS OF [RAILROAD] COMMISSION AND |
|
OTHER REGULATORY AUTHORITIES |
|
SECTION 7. The heading to Subchapter A, Chapter 102, |
|
Utilities Code, is amended to read as follows: |
|
SUBCHAPTER A. GENERAL POWERS OF [RAILROAD] COMMISSION |
|
SECTION 8. Section 102.001, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.001. [RAILROAD] COMMISSION JURISDICTION. (a) The |
|
[railroad] commission has exclusive original jurisdiction over the |
|
rates and services of a gas utility: |
|
(1) that distributes natural gas or synthetic natural |
|
gas in: |
|
(A) areas outside a municipality; and |
|
(B) areas inside a municipality that surrenders |
|
its jurisdiction to the [railroad] commission under Section |
|
103.003; and |
|
(2) that transmits, transports, delivers, or sells |
|
natural gas or synthetic natural gas to a gas utility that |
|
distributes the gas to the public. |
|
(b) The [railroad] commission has exclusive appellate |
|
jurisdiction to review an order or ordinance of a municipality |
|
exercising exclusive original jurisdiction as provided by this |
|
subtitle. |
|
SECTION 9. Section 102.002, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.002. LIMITATION ON [RAILROAD] COMMISSION |
|
JURISDICTION. Except as otherwise provided by this subtitle, this |
|
subtitle does not authorize the [railroad] commission to: |
|
(1) regulate or supervise a rate or service of a |
|
municipally owned utility; or |
|
(2) affect the jurisdiction, power, or duty of a |
|
municipality that has elected to regulate and supervise a gas |
|
utility in the municipality. |
|
SECTION 10. Section 102.003, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.003. [RAILROAD] COMMISSION POWERS RELATING TO |
|
REPORTS. The [railroad] commission may: |
|
(1) require a gas utility to report to the [railroad] |
|
commission information relating to the gas utility and an affiliate |
|
inside or outside this state as useful in administering this |
|
subtitle; |
|
(2) establish the form for a report; |
|
(3) determine the time for a report and the frequency |
|
with which the report is to be made; |
|
(4) require that a report be made under oath; |
|
(5) require the filing with the [railroad] commission |
|
of a copy of: |
|
(A) a contract or arrangement between a gas |
|
utility and an affiliate; |
|
(B) a report filed with a federal agency or a |
|
governmental agency or body of another state; and |
|
(C) an annual report that shows each payment of |
|
compensation, other than salary or wages subject to federal income |
|
tax withholding: |
|
(i) to residents of this state; |
|
(ii) with respect to legal, administrative, |
|
or legislative matters in this state; or |
|
(iii) for representation before the |
|
legislature of this state or any governmental agency or body; and |
|
(6) require that a contract or arrangement described |
|
by Subdivision (5)(A) that is not in writing be reduced to writing |
|
and filed with the [railroad] commission. |
|
SECTION 11. Section 102.004, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.004. REPORT OF SUBSTANTIAL INTEREST. The |
|
[railroad] commission may require disclosure of the identity and |
|
respective interests of each owner of at least one percent of the |
|
voting securities of a gas utility or its affiliate. |
|
SECTION 12. Section 102.005, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.005. ASSISTANCE TO MUNICIPALITY. On request of a |
|
municipality, the [railroad] commission may advise and assist the |
|
municipality with respect to a question or proceeding arising under |
|
this subtitle. Assistance provided by the [railroad] commission |
|
may include aid to a municipality on a matter pending before the |
|
[railroad] commission, a court, or the municipality's governing |
|
body, such as making a staff member available as a witness or |
|
otherwise providing evidence. |
|
SECTION 13. Section 102.006, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.006. ADMINISTRATIVE HEARINGS IN CONTESTED CASES. |
|
(a) The [railroad] commission by rule shall provide for |
|
administrative hearings in contested cases to be conducted by one |
|
or more members of the [railroad] commission[, by railroad
|
|
commission hearings examiners,] or by the utility division of the |
|
State Office of Administrative Hearings. The rules must provide |
|
for [a railroad commission hearings examiner or] the utility |
|
division of the State Office of Administrative Hearings to conduct |
|
each hearing in a contested case that is not conducted by one or |
|
more members of the [railroad] commission. A hearing must be |
|
conducted in accordance with the rules and procedures adopted by |
|
the [railroad] commission. |
|
(b) The [railroad] commission may delegate to [a railroad
|
|
commission hearings examiner or to] the utility division of the |
|
State Office of Administrative Hearings the authority to make a |
|
final decision and to issue findings of fact, conclusions of law, |
|
and other necessary orders in a proceeding in which there is not a |
|
contested issue of fact or law. |
|
(c) The [railroad] commission by rule shall define the |
|
procedures by which it delegates final decision-making authority |
|
under Subsection (b) [to a railroad commission hearings examiner or
|
|
to the utility division of the State Office of Administrative
|
|
Hearings]. |
|
(d) For purposes of judicial review, the final decision of |
|
[a railroad commission hearings examiner or] an administrative law |
|
judge of the State Office of Administrative Hearings in a matter |
|
delegated under Subsection (b) has the same effect as a final |
|
decision of the [railroad] commission unless a member of the |
|
commission requests formal review of the decision. |
|
(e) The State Office of Administrative Hearings shall |
|
charge the [railroad] commission a fixed annual rate for hearings |
|
conducted by the office under this section only if the legislature |
|
appropriates money for that purpose. If the legislature does not |
|
appropriate money for the payment of a fixed annual rate under this |
|
section, the State Office of Administrative Hearings shall charge |
|
the [railroad] commission an hourly rate of not more than $90 per |
|
hour for hearings conducted by the office under this section. |
|
SECTION 14. Section 102.051, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.051. REPORT OF CERTAIN TRANSACTIONS; [RAILROAD] |
|
COMMISSION CONSIDERATION. (a) Not later than the 60th day after |
|
the date the transaction takes effect, a gas utility shall report to |
|
the [railroad] commission: |
|
(1) a sale, acquisition, or lease of a plant as an |
|
operating unit or system in this state for a total consideration of |
|
more than $1 million; or |
|
(2) a merger or consolidation with another gas utility |
|
operating in this state. |
|
(b) On the filing of a report with the [railroad] |
|
commission, the [railroad] commission shall investigate the |
|
transaction described by Subsection (a), with or without a public |
|
hearing, to determine whether the action is consistent with the |
|
public interest. In reaching its determination, the [railroad] |
|
commission shall consider the reasonable value of the property, |
|
facilities, or securities to be acquired, disposed of, merged, or |
|
consolidated. |
|
(c) If the [railroad] commission finds that a transaction is |
|
not in the public interest, the [railroad] commission shall take |
|
the effect of the transaction into consideration in ratemaking |
|
proceedings and disallow the effect of the transaction if the |
|
transaction will unreasonably affect rates or service. |
|
(d) This section does not apply to: |
|
(1) the purchase of a unit of property for |
|
replacement; or |
|
(2) an addition to the facilities of a gas utility by |
|
construction. |
|
SECTION 15. Section 102.052, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.052. REPORT OF PURCHASE OF VOTING STOCK IN GAS |
|
UTILITY. A gas utility may not purchase voting stock in another gas |
|
utility doing business in this state unless the utility reports the |
|
purchase to the [railroad] commission. |
|
SECTION 16. Section 102.053, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.053. REPORT OF LOAN TO STOCKHOLDERS. A gas utility |
|
may not loan money, stocks, bonds, notes, or other evidence of |
|
indebtedness to a person who directly or indirectly owns or holds |
|
any stock of the gas utility unless the gas utility reports the |
|
transaction to the [railroad] commission within a reasonable time. |
|
SECTION 17. Sections 102.101(a), (b), (c), and (d), |
|
Utilities Code, are amended to read as follows: |
|
(a) Each gas utility shall keep and provide to the |
|
regulatory authority, in the manner and form prescribed by the |
|
[railroad] commission, uniform accounts of all business transacted |
|
by the gas utility. |
|
(b) The [railroad] commission may prescribe the form of |
|
books, accounts, records, and memoranda to be kept by a gas utility, |
|
including: |
|
(1) the books, accounts, records, and memoranda of: |
|
(A) the provision of and capacity for service; |
|
and |
|
(B) the receipt and expenditure of money; and |
|
(2) any other form, record, and memorandum that the |
|
[railroad] commission considers necessary to carry out this |
|
subtitle. |
|
(c) For a gas utility subject to regulation by a federal |
|
regulatory agency, compliance with the system of accounts |
|
prescribed for the particular class of utilities by the federal |
|
agency may be considered sufficient compliance with the system |
|
prescribed by the [railroad] commission. The [railroad] commission |
|
may prescribe the form of books, accounts, records, and memoranda |
|
covering information in addition to that required by the federal |
|
agency. The system of accounts and the form of books, accounts, |
|
records, and memoranda prescribed by the [railroad] commission for |
|
a gas utility or class of utilities may not be inconsistent with the |
|
systems and forms established by a federal agency for that gas |
|
utility or class of utilities. |
|
(d) Each gas utility shall: |
|
(1) keep and provide its books, accounts, records, and |
|
memoranda accurately and faithfully in the manner and form |
|
prescribed by the [railroad] commission; and |
|
(2) comply with the directions of the regulatory |
|
authority relating to the books, accounts, records, and memoranda. |
|
SECTION 18. Section 102.102, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.102. MAINTENANCE OF OFFICE AND RECORDS IN THIS |
|
STATE. (a) Each gas utility shall maintain an office in this state |
|
in a county in which some part of the utility's property is located. |
|
The gas utility shall keep in this office all books, accounts, |
|
records, and memoranda required by the [railroad] commission to be |
|
kept in this state. |
|
(b) A book, account, record, or memorandum required by the |
|
regulatory authority to be kept in this state may not be removed |
|
from this state except as prescribed by the [railroad] commission. |
|
SECTION 19. Section 102.104, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.104. JURISDICTION OVER AFFILIATE. The [railroad] |
|
commission has jurisdiction over an affiliate that has a |
|
transaction with a gas utility under the [railroad] commission's |
|
jurisdiction to the extent of access to an account or a record of |
|
the affiliate relating to the transaction, including an account or |
|
a record of joint or general expenses, any portion of which may be |
|
applicable to the transaction. |
|
SECTION 20. Section 102.152, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 102.152. DEPRECIATION ACCOUNT. The [railroad] |
|
commission shall require each gas utility or municipally owned |
|
utility to carry a proper and adequate depreciation account in |
|
accordance with: |
|
(1) the rates and methods prescribed by the [railroad] |
|
commission under Section 104.054; and |
|
(2) any other rule the [railroad] commission adopts. |
|
SECTION 21. Section 102.206(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) A regulatory authority may require, by order or subpoena |
|
served on a gas utility, the production, at the time and place in |
|
this state that the regulatory authority designates, of any books, |
|
accounts, papers, or records kept by that gas utility outside this |
|
state or, if ordered by the [railroad] commission, verified copies |
|
of the books, accounts, papers, or records. |
|
SECTION 22. Section 103.001, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 103.001. MUNICIPAL JURISDICTION. To provide fair, |
|
just, and reasonable rates and adequate and efficient services, the |
|
governing body of a municipality has exclusive original |
|
jurisdiction over the rates, operations, and services of a gas |
|
utility within the municipality, subject to the limitations imposed |
|
by this subtitle, unless the municipality surrenders its |
|
jurisdiction to the [railroad] commission under Section 103.003. |
|
SECTION 23. Section 103.002(c), Utilities Code, is amended |
|
to read as follows: |
|
(c) A franchise agreement may not limit or interfere with a |
|
power conferred on the [railroad] commission by this subtitle. |
|
SECTION 24. Section 103.003, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 103.003. SURRENDER OF MUNICIPAL JURISDICTION TO |
|
[RAILROAD] COMMISSION; REINSTATEMENT OF JURISDICTION. (a) A |
|
municipality may elect to have the [railroad] commission exercise |
|
exclusive original jurisdiction over gas utility rates, |
|
operations, and services in the municipality by ordinance or by |
|
submitting the question of the surrender of its jurisdiction to the |
|
voters at a municipal election. |
|
(b) The governing body of a municipality shall submit at a |
|
municipal election the question of surrendering its jurisdiction to |
|
the [railroad] commission if the governing body receives a petition |
|
signed by a number of qualified voters of the municipality equal to |
|
at least the lesser of 20,000 or 10 percent of the number of voters |
|
voting in the last preceding general election in the municipality. |
|
(c) A municipality may not elect to surrender its |
|
jurisdiction while a case involving the municipality is pending. |
|
(d) A municipality that surrenders its jurisdiction to the |
|
[railroad] commission may reinstate its jurisdiction. The |
|
provisions of this section governing the surrender of jurisdiction |
|
apply to the reinstatement of jurisdiction. |
|
SECTION 25. Section 103.023, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 103.023. MUNICIPAL STANDING. (a) A municipality has |
|
standing in each case before the [railroad] commission that relates |
|
to a gas utility's rates and services in the municipality. |
|
(b) A municipality's standing is subject to the right of the |
|
[railroad] commission to consolidate that municipality with |
|
another party on an issue of common interest. |
|
SECTION 26. Section 103.024, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 103.024. JUDICIAL REVIEW. A municipality is entitled |
|
to judicial review of a [railroad] commission order relating to a |
|
gas utility's rates and services in a municipality as provided by |
|
Section 105.001. |
|
SECTION 27. Section 103.051, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 103.051. APPEAL BY PARTY. A party to a rate proceeding |
|
before a municipality's governing body may appeal the governing |
|
body's decision to the [railroad] commission. |
|
SECTION 28. Section 103.052, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 103.052. APPEAL BY RESIDENTS. The residents of a |
|
municipality may appeal to the [railroad] commission the decision |
|
of the municipality's governing body in a rate proceeding by filing |
|
with the [railroad] commission a petition for review signed by a |
|
number of qualified voters of the municipality equal to at least the |
|
lesser of 20,000 or 10 percent of the qualified voters of the |
|
municipality. |
|
SECTION 29. Section 103.053(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) The ratepayers of a municipally owned utility who are |
|
outside the municipality may appeal to the [railroad] commission an |
|
action of the municipality's governing body affecting the |
|
municipally owned utility's rates by filing with the [railroad] |
|
commission a petition for review signed by a number of ratepayers |
|
served by the utility outside the municipality equal to at least the |
|
lesser of 10,000 or five percent of those ratepayers. |
|
SECTION 30. Section 103.054(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) An appeal under this subchapter is initiated by filing a |
|
petition for review with the [railroad] commission and serving a |
|
copy of the petition on each party to the original rate proceeding. |
|
SECTION 31. Sections 103.055(b) and (c), Utilities Code, |
|
are amended to read as follows: |
|
(b) The [railroad] commission shall enter a final order |
|
establishing the rates the [railroad] commission determines the |
|
municipality should have set in the ordinance to which the appeal |
|
applies. |
|
(c) If the [railroad] commission fails to enter a final |
|
order within 185 days after the date the appeal is perfected, the |
|
rates proposed by the gas utility are considered to be approved by |
|
the [railroad] commission and take effect on the expiration of the |
|
185-day period. |
|
SECTION 32. Section 103.056, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 103.056. APPLICABILITY OF RATES. Temporary or |
|
permanent rates set by the [railroad] commission are prospective |
|
and observed from the date of the applicable [railroad] commission |
|
order, except an interim rate order necessary to provide a gas |
|
utility the opportunity to avoid confiscation during the period |
|
beginning on the date a petition for review is filed with the |
|
[railroad] commission and ending on the date of a final order |
|
establishing rates. |
|
SECTION 33. Section 104.001(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) The [railroad] commission is vested with all the |
|
authority and power of this state to ensure compliance with the |
|
obligations of gas utilities in this subtitle. |
|
SECTION 34. Sections 104.003(a) and (c), Utilities Code, |
|
are amended to read as follows: |
|
(a) The regulatory authority shall ensure that each rate a |
|
gas utility or two or more gas utilities jointly make, demand, or |
|
receive is just and reasonable. A rate may not be unreasonably |
|
preferential, prejudicial, or discriminatory but must be |
|
sufficient, equitable, and consistent in application to each class |
|
of consumer. In establishing a gas utility's rates, the [railroad] |
|
commission may treat as a single class two or more municipalities |
|
that a gas utility serves if the commission considers that |
|
treatment to be appropriate. |
|
(c) Subsection (b) does not apply: |
|
(1) if a complaint is filed with the [railroad] |
|
commission by a transmission pipeline purchaser of gas sold or |
|
transported under the pipeline-to-pipeline or transportation rate; |
|
or |
|
(2) to a direct sale for resale to a gas distribution |
|
utility at a city gate. |
|
SECTION 35. Section 104.005(c), Utilities Code, is amended |
|
to read as follows: |
|
(c) After notice and hearing, the [railroad] commission |
|
may, in the public interest, order a gas utility to refund with |
|
interest compensation received in violation of this section. |
|
SECTION 36. Section 104.006, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 104.006. RATES FOR AREA NOT IN MUNICIPALITY. Without |
|
the approval of the [railroad] commission, a gas utility's rates |
|
for an area not in a municipality may not exceed 115 percent of the |
|
average of all rates for similar services for all municipalities |
|
served by the same utility in the same county as that area. |
|
SECTION 37. Section 104.054(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) The [railroad] commission shall establish proper and |
|
adequate rates and methods of depreciation, amortization, or |
|
depletion for each class of property of a gas utility or municipally |
|
owned utility. |
|
SECTION 38. Section 104.107(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) Pending the hearing and a decision: |
|
(1) the local regulatory authority, after delivering |
|
to the gas utility a written statement of the regulatory |
|
authority's reasons, may suspend the operation of the schedule for |
|
not longer than 90 days after the date the schedule would otherwise |
|
be effective; and |
|
(2) the [railroad] commission may suspend the |
|
operation of the schedule for not longer than 150 days after the |
|
date the schedule would otherwise be effective. |
|
SECTION 39. Section 104.201, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 104.201. TRANSPORTATION RATES BETWEEN GAS UTILITY OR |
|
MUNICIPALLY OWNED UTILITY AND STATE AGENCY. (a) Notwithstanding |
|
Section 104.003(b), absent a contract for transportation service |
|
between a state agency and a gas utility or municipally owned |
|
utility, the [railroad] commission, not later than the 210th day |
|
after the date either party files a request to set a transportation |
|
rate, shall establish the transportation rate for the state agency. |
|
The commission has exclusive original jurisdiction to establish a |
|
transportation rate for a state agency under this section. |
|
(b) The [railroad] commission shall base its determination |
|
of the transportation rate under Subsection (a) on the cost of |
|
providing the transportation service for both the distribution |
|
system and the transmission system, as applicable, of the gas |
|
utility or municipally owned utility. |
|
(c) The [railroad] commission may order temporary rates |
|
under Subsection (a) as provided for under the commission's |
|
appellate jurisdiction. |
|
SECTION 40. Section 104.2545(c), Utilities Code, is amended |
|
to read as follows: |
|
(c) A utility shall provide a service described by |
|
Subsection (b) at rates provided by a written contract negotiated |
|
between the utility and the state or a state agency. If the utility |
|
and the state or state agency are not able to agree to a contract |
|
rate, a fair and reasonable rate may be determined for the public |
|
retail customer, as a rate for a separate class of service, by the |
|
[railroad] commission or, for municipally owned gas utilities, by |
|
the relevant regulatory body under this chapter. |
|
SECTION 41. Section 104.255(b), Utilities Code, is amended |
|
to read as follows: |
|
(b) The [railroad] commission shall adopt rules concerning |
|
payment of bills by the state or a state agency to a gas utility or |
|
municipally owned utility. The rules must be consistent with |
|
Chapter 2251, Government Code. |
|
SECTION 42. Section 104.301(j), Utilities Code, is amended |
|
to read as follows: |
|
(j) A gas utility implementing a tariff or rate schedule |
|
under this section shall reimburse the [railroad] commission the |
|
utility's proportionate share of the [railroad] commission's costs |
|
related to the administration of the interim rate adjustment |
|
mechanism provided by this section. |
|
SECTION 43. Section 105.001(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) Any party to a proceeding before the [railroad] |
|
commission is entitled to judicial review under the substantial |
|
evidence rule. |
|
SECTION 44. Section 105.021(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) The attorney general, on the request of the [railroad] |
|
commission, shall apply in the name of the commission for an order |
|
under Subsection (b) if the commission determines that a gas |
|
utility or other person is: |
|
(1) engaging in or about to engage in an act that |
|
violates this subtitle or an order or rule of the commission entered |
|
or adopted under this subtitle; or |
|
(2) failing to comply with the requirements of this |
|
subtitle or a rule or order of the commission. |
|
SECTION 45. Section 105.022, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 105.022. CONTEMPT. The [railroad] commission may file |
|
an action for contempt against a person who: |
|
(1) fails to comply with a lawful order of the |
|
commission; |
|
(2) fails to comply with a subpoena or subpoena duces |
|
tecum; or |
|
(3) refuses to testify about a matter on which the |
|
person may be lawfully interrogated. |
|
SECTION 46. Sections 105.023(a) and (d), Utilities Code, |
|
are amended to read as follows: |
|
(a) A gas utility or affiliate is subject to a civil penalty |
|
if the gas utility or affiliate knowingly violates this subtitle, |
|
fails to perform a duty imposed on it, or fails, neglects, or |
|
refuses to obey an order, rule, direction, or requirement of the |
|
[railroad] commission or a decree or judgment of a court. |
|
(d) The attorney general shall file in the name of the |
|
[railroad] commission a suit on the attorney general's own |
|
initiative or at the request of the commission to recover the civil |
|
penalty under this section. |
|
SECTION 47. Section 105.027, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 105.027. DISPOSITION OF FINES AND PENALTIES. A fine or |
|
penalty collected under this subtitle, other than a fine or penalty |
|
collected in a criminal proceeding, shall be paid to the [railroad] |
|
commission. |
|
SECTION 48. Section 124.002(a), Utilities Code, is amended |
|
to read as follows: |
|
(a) The Public Utility Commission of Texas [railroad
|
|
commission] shall adopt rules under which an owner, operator, or |
|
manager of a mobile home park or apartment house may purchase |
|
natural gas through a master meter for delivery to a dwelling unit |
|
in the mobile home park or apartment house using individual |
|
submeters to allocate fairly the cost of the gas consumption of each |
|
dwelling unit. |
|
SECTION 49. Sections 141.001(3) and (5), Utilities Code, |
|
are amended to read as follows: |
|
(3) "Commission" means the Public Utility [Railroad] |
|
Commission of Texas or its successor agency. |
|
(5) "Distribution system retailer": |
|
(A) means a retail propane dealer that: |
|
(i) owns or operates for compensation in |
|
this state a propane gas system; and |
|
(ii) has a Category E or K license issued by |
|
the applicable license and permit section of the Railroad |
|
Commission of Texas [commission]; and |
|
(B) does not include a person that furnishes |
|
propane gas only to the person, to the person's employees, or to the |
|
person's tenants as an incident of employment or tenancy, if the |
|
service is not resold to customers. |
|
SECTION 50. Chapter 141, Utilities Code, is amended by |
|
adding Section 141.011 to read as follows: |
|
Sec. 141.011. MEMORANDUM OF UNDERSTANDING. The commission |
|
may enter into a memorandum of understanding with the Railroad |
|
Commission of Texas as necessary to administer and enforce this |
|
chapter. |
|
SECTION 51. (a) On September 1, 2016, the following are |
|
transferred from the Railroad Commission of Texas to the Public |
|
Utility Commission of Texas: |
|
(1) the powers, duties, functions, programs, and |
|
activities of the Railroad Commission of Texas relating to the |
|
rates and services of gas utilities under Subtitle A, Title 3, |
|
Utilities Code, the rates and services of propane distribution |
|
system retailers under Subtitle C, Title 3, Utilities Code, and |
|
submetering under Chapter 124, Utilities Code, as provided by this |
|
Act; |
|
(2) any obligations and contracts of the Railroad |
|
Commission of Texas that are directly related to implementing a |
|
power, duty, function, program, or activity transferred under this |
|
Act; and |
|
(3) all property and records in the custody of the |
|
Railroad Commission of Texas that are related to a power, duty, |
|
function, program, or activity transferred under this Act and all |
|
funds appropriated by the legislature for that power, duty, |
|
function, program, or activity. |
|
(b) The Railroad Commission of Texas shall continue to carry |
|
out the railroad commission's duties related to the rates and |
|
services of gas utilities under Subtitle A, Title 3, Utilities |
|
Code, the rates and services of propane distribution system |
|
retailers under Subtitle C, Title 3, Utilities Code, and |
|
submetering under Chapter 124, Utilities Code, as those laws |
|
existed immediately before the effective date of this Act until |
|
September 1, 2016, and the former law is continued in effect for |
|
that purpose. |
|
(c) The Railroad Commission of Texas and the Public Utility |
|
Commission of Texas shall enter into a memorandum of understanding |
|
that: |
|
(1) identifies in detail the applicable powers and |
|
duties that are transferred by this Act; |
|
(2) establishes a plan for the identification and |
|
transfer of the records, personnel, property, and unspent |
|
appropriations of the Railroad Commission of Texas that are used |
|
for purposes of the railroad commission's powers and duties |
|
directly related to the rates and services of gas utilities under |
|
Subtitle A, Title 3, Utilities Code, the rates and services of |
|
propane distribution system retailers under Subtitle C, Title 3, |
|
Utilities Code, and submetering under Chapter 124, Utilities Code, |
|
as amended by this Act; and |
|
(3) establishes a plan for the transfer of all pending |
|
applications, hearings, rulemaking proceedings, and orders |
|
relating to the rates and services of gas utilities under Subtitle |
|
A, Title 3, Utilities Code, the rates and services of propane |
|
distribution system retailers under Subtitle C, Title 3, Utilities |
|
Code, and submetering under Chapter 124, Utilities Code, as amended |
|
by this Act, from the Railroad Commission of Texas to the Public |
|
Utility Commission of Texas. |
|
(d) The memorandum of understanding under this section must |
|
be completed by August 1, 2016. |
|
(e) The executive directors of the Railroad Commission of |
|
Texas and the Public Utility Commission of Texas may agree in the |
|
memorandum of understanding under this section to transfer to the |
|
Public Utility Commission of Texas any personnel of the Railroad |
|
Commission of Texas whose functions predominantly involve powers, |
|
duties, obligations, functions, and activities related to the rates |
|
and services of gas utilities under Subtitle A, Title 3, Utilities |
|
Code, the rates and services of propane distribution system |
|
retailers under Subtitle C, Title 3, Utilities Code, and |
|
submetering under Chapter 124, Utilities Code, as amended by this |
|
Act. |
|
(f) A rule, form, policy, procedure, or decision of the |
|
Railroad Commission of Texas related to a power, duty, function, |
|
program, or activity transferred under this Act continues in effect |
|
as a rule, form, policy, procedure, or decision of the Public |
|
Utility Commission of Texas and remains in effect until amended or |
|
replaced by that agency. Notwithstanding any other law, beginning |
|
September 1, 2015, the Public Utility Commission of Texas may |
|
propose rules, forms, policies, and procedures related to a |
|
function to be transferred to the Public Utility Commission of |
|
Texas under this Act. |
|
SECTION 52. This Act takes effect September 1, 2015. |