| 1 | 1 | | By: Pitts, Anderson, Dunnam, Gattis, H.B. No. 230 |
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| 2 | 2 | | Maldonado, et al. |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to exempting certain schools, nonprofit athletic or sports |
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| 8 | 8 | | associations, municipally owned facilities, summer camps, places |
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| 9 | 9 | | of worship, and fairgrounds from certain demand charges by |
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| 10 | 10 | | transmission and distribution utilities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 35, Utilities Code, is |
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| 13 | 13 | | amended by adding Section 35.009 to read as follows: |
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| 14 | 14 | | Sec. 35.009. BILLING DEMAND FOR CERTAIN UTILITY CUSTOMERS. |
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| 15 | 15 | | Notwithstanding any other provision of this code, a transmission |
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| 16 | 16 | | and distribution utility shall exclude the following from the |
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| 17 | 17 | | application of any ratchet provision contained in a tariff relating |
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| 18 | 18 | | to distribution service: |
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| 19 | 19 | | (1) public and private schools; |
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| 20 | 20 | | (2) nonprofit athletic and sports associations; |
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| 21 | 21 | | (3) municipally owned facilities; |
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| 22 | 22 | | (4) summer camps for youths; |
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| 23 | 23 | | (5) places of worship; and |
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| 24 | 24 | | (6) an agricultural facility or fairgrounds owned or |
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| 25 | 25 | | operated by a nonprofit organization that is exempt from federal |
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| 26 | 26 | | income taxation under Section 501 or 503, Internal Revenue Code of |
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| 27 | 27 | | 1986. |
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| 28 | 28 | | SECTION 2. The Public Utility Commission of Texas shall |
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| 29 | 29 | | adopt rules as necessary to implement Section 35.009, Utilities |
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| 30 | 30 | | Code, as added by this Act, as soon as practicable. A transmission |
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| 31 | 31 | | and distribution utility shall exclude from the application of |
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| 32 | 32 | | ratchet provisions contained in its tariffs each school, |
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| 33 | 33 | | association, facility, summer camp for youths, place of worship, or |
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| 34 | 34 | | fairground as provided by Section 35.009, Utilities Code, as added |
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| 35 | 35 | | by this Act, not later than January 1, 2010. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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