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