By: Murphy, et al. H.B. No. 1767
        (Senate Sponsor - Birdwell, Bettencourt)
         (In the Senate - Received from the House April 16, 2019;
  April 16, 2019, read first time and referred to Committee on
  Natural Resources & Economic Development; May 9, 2019, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 11, Nays 0; May 9, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1767 By:  Birdwell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the consideration of employee compensation and benefits
  in establishing the rates of gas utilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 104, Utilities Code, is
  amended by adding Section 104.060 to read as follows:
         Sec. 104.060.  CONSIDERATION OF COMPENSATION AND BENEFIT
  EXPENSES. (a) In this section, "employee compensation and
  benefits" includes base salaries, wages, incentive compensation,
  and benefits. The term does not include:
               (1)  pension or other postemployment benefits; and
               (2)  incentive compensation related to attaining
  financial metrics for an executive officer whose compensation is
  required to be disclosed under 17 C.F.R. Section 229.402(a).
         (b)  When establishing a gas utility's rates, the regulatory
  authority shall presume that employee compensation and benefits
  expenses are reasonable and necessary if the expenses are
  consistent with recent market compensation studies.
         SECTION 2.  (a)  Section 104.060, Utilities Code, as added by
  this Act, applies only to a proceeding for the establishment of
  rates for which the regulatory authority has not issued a final
  order or decision before the effective date of this Act.
         (b)  A proceeding for which the regulatory authority has
  issued a final order or decision before the effective date of this
  Act is governed by the law in effect immediately before that date,
  and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
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