| 1 | 1 | | 88R9142 ANG-D |
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| 2 | 2 | | By: Turner H.B. No. 4118 |
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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 service provided to residential customers by certain |
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| 8 | 8 | | gas utilities during weather emergencies; authorizing a civil |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter F, Chapter 104, Utilities Code, is |
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| 12 | 12 | | amended by adding Section 104.259 to read as follows: |
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| 13 | 13 | | Sec. 104.259. PROVISION OF ADEQUATE SERVICE DURING EXTREME |
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| 14 | 14 | | WEATHER EMERGENCY. (a) In this section, "extreme weather |
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| 15 | 15 | | emergency" has the meaning assigned by Section 104.258. |
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| 16 | 16 | | (b) The regulatory authority shall require gas utilities, |
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| 17 | 17 | | as defined by Sections 101.003 and 121.001, that serve residential |
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| 18 | 18 | | customers to provide an adequate amount of pipeline pressure in |
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| 19 | 19 | | distribution gas pipeline facilities that serve those customers |
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| 20 | 20 | | during an extreme weather emergency. |
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| 21 | 21 | | (c) If a gas utility violates Subsection (b) for at least |
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| 22 | 22 | | six consecutive hours, the regulatory authority shall require the |
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| 23 | 23 | | gas utility to provide to each affected residential customer a $100 |
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| 24 | 24 | | rebate for each consecutive six-hour period in which the violation |
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| 25 | 25 | | continued. |
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| 26 | 26 | | SECTION 2. Section 105.023, Utilities Code, is amended by |
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| 27 | 27 | | adding Subsection (b-2) to read as follows: |
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| 28 | 28 | | (b-2) Notwithstanding Subsection (b), a civil penalty under |
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| 29 | 29 | | this section shall be in the amount of $1 million for each violation |
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| 30 | 30 | | of Section 104.259. A municipality may file a suit to recover the |
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| 31 | 31 | | civil penalty if the gas utility or affiliate in violation of |
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| 32 | 32 | | Section 104.259 is regulated by the municipality. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
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