Amend HB 1900 (senate committee printing) in SECTION 5.02 of the bill, in added Section 33.0211, Utilities Code, immediately after Subsection (b) (page 4, between lines 53 and 54), insert the following:
(c) If a municipally owned utility has not transferred funds to the defunding municipality described by Subsection (a) in the immediately preceding 12 months, the municipally owned utility may increase its rates to account for:
(1) pass-through charges imposed by a state regulatory body or the independent organization certified under Section 39.151;
(2) fuel, hedging, or wholesale power cost increases; or
(3) to fulfill debt obligations or comply with Chapter 1502, Government Code.
(d) A municipally owned utility that increases rates under this Subsection (c) may not transfer funds to the defunding municipality described by Subsection (a) until the date the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005, Local Government Code, finding that the municipality described by Subsection (a) has reversed the reduction described by Section 109.003(1), Local Government Code.