83R1749 DDT-F
By: Harless H.B. No. 1148
A BILL TO BE ENTITLED
AN ACT
relating to the reimbursement of a municipality's expenses in a
ratemaking proceeding for electric or gas utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.023, Utilities Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Notwithstanding Subsection (b), an electric utility is
not required to reimburse the municipality under Subsection (b) if
the utility, under a contract or franchise with the municipality,
has agreed to pay total charges described by Section 182.025, Tax
Code, in amounts that exceed the limits prescribed by Section
182.025(c), Tax Code.
(d) In addition to the limitation prescribed by Subsection
(c), an electric utility is not required to reimburse a
municipality for the fees and expenses of persons engaged under
Subsection (a) unless the municipality:
(1) has paid the fees and expenses; or
(2) by ordinance, expressly assumes the obligation to
pay the fees and expenses and declares that the obligation is not
contingent on the municipality's receipt of reimbursement under
this section.
SECTION 2. Section 103.022, Utilities Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Notwithstanding Subsection (b), a gas utility is not
required to reimburse the municipality under Subsection (b) if the
utility, under a contract or franchise with the municipality, has
agreed to pay total charges described by Section 182.025, Tax Code,
in amounts that exceed the limits prescribed by Section 182.025(b),
Tax Code.
(d) In addition to the limitation prescribed by Subsection
(c), a gas utility is not required to reimburse a municipality for
the fees and expenses of persons engaged under Subsection (a)
unless the municipality:
(1) has paid the fees and expenses; or
(2) by ordinance, expressly assumes the obligation to
pay the fees and expenses and declares that the obligation is not
contingent on the municipality's receipt of reimbursement under
this section.
SECTION 3. Sections 33.023(c) and 103.022(c), Utilities
Code, as added by this Act, apply only to reimbursement tied to
total charges paid under a contract or franchise entered into or
renewed on or after the effective date of this Act. Reimbursement
tied to total charges paid under a contract or franchise entered
into or renewed before the effective date of this Act is governed by
the law in effect on the date the contract was entered into or
renewed, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.