| 1 | 1 | | By: Chisum H.B. No. 3410 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to costs incurred by certain persons in relation to |
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| 7 | 7 | | complaints filed with the Railroad Commission of Texas against gas |
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| 8 | 8 | | utilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 105, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 105.052 to read as follows: |
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| 12 | 12 | | Sec. 105.052. REIMBURSEMENT OF REASONABLE COSTS. (a) To |
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| 13 | 13 | | the extent the regulatory authority determines the costs are |
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| 14 | 14 | | reasonable, a gas utility shall reimburse the costs of an affected |
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| 15 | 15 | | person or of a state agency or municipality that is a party to a |
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| 16 | 16 | | proceeding that results from a complaint filed against the utility |
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| 17 | 17 | | under Section 105.051 if the affected person, state agency, or |
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| 18 | 18 | | municipality is wholly or partially successful in prosecuting the |
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| 19 | 19 | | complaint before a regulatory authority or a court. |
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| 20 | 20 | | (b) Costs for which an affected person, a state agency, or a |
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| 21 | 21 | | municipality may receive reimbursement under this section include |
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| 22 | 22 | | any reasonably necessary expenses related to the investigation, |
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| 23 | 23 | | preparation, and prosecution of a claim on which the person, |
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| 24 | 24 | | agency, or municipality prevails, including the reasonable costs of |
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| 25 | 25 | | consultants, accountants, auditors, attorneys, and engineers. |
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| 26 | 26 | | (c) For purposes of this section, an affected person or a |
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| 27 | 27 | | state agency or municipality may recover reasonable costs not yet |
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| 28 | 28 | | paid because payment has been deferred pending a determination of |
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| 29 | 29 | | reasonableness by the regulatory authority. |
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| 30 | 30 | | (d) Notwithstanding any other provision of this subtitle, a |
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| 31 | 31 | | gas utility may not recover any amounts paid as reimbursement under |
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| 32 | 32 | | this section as or through a charge to the utility's customers. |
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| 33 | 33 | | SECTION 2. This Act applies only to a complaint filed on or |
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| 34 | 34 | | after the effective date of this Act. A complaint filed before that |
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| 35 | 35 | | date is governed by the law in effect on the date the complaint is |
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| 36 | 36 | | filed, and that law is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2009. |
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