81R4326 TRH-D
By: Gallegos S.B. No. 396
A BILL TO BE ENTITLED
AN ACT
relating to the factors the Public Utility Commission of Texas must
consider in determining an electric utility's rate of return.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.052, Utilities Code, is amended to
read as follows:
Sec. 36.052. ESTABLISHING REASONABLE RETURN. In
establishing a reasonable return on invested capital, the
regulatory authority shall consider applicable factors, including:
(1) the efforts and achievements of the utility in
conserving resources;
(2) the quality of the utility's services;
(3) the efficiency of the utility's operations; [and]
(4) the quality of the utility's management;
(5) the utility's effective use of competitive
procurement methods; and
(6) the utility's good faith effort to use
historically underutilized businesses.
SECTION 2. The change in law made by this Act applies only
to a final order establishing an electric utility's rates that is
issued by the Public Utility Commission of Texas on or after the
effective date of this Act. A final order issued before the
effective date of this Act is governed by the law in effect when the
order was issued, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2009.