Texas 2023 - 88th Regular

Texas Senate Bill SB2110 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R283 JXC-D
2	2	By: Johnson S.B. No. 2110
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of natural gas by and rates charged by
8	8	certain gas utilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 104.003, Utilities Code, is amended by
11	11	adding Subsections (f) and (g) to read as follows:
12	12	(f) Subsection (b)(1) does not apply to a gas utility when:
13	13	(1) the gas utility is providing service to a customer
14	14	whose facilities are connected to the facilities of only one gas
15	15	utility; and
16	16	(2) all other gas utilities providing service at a
17	17	location that is less than five miles from the location where the
18	18	service is provided are incapable of serving all of the customer's
19	19	natural gas requirements at the level of service needed by the
20	20	customer at that location.
21	21	(g) A gas utility may establish a rebuttable presumption
22	22	that a gas transportation rate meets the requirements of Subsection
23	23	(b)(2) by filing with the regulatory authority executed agreements
24	24	containing the gas transportation rates for two or more similarly
25	25	situated customers of the gas utility. An executed agreement filed
26	26	with a regulatory authority under this section is not confidential
27	27	and is public information under Chapter 552, Government Code.
28	28	SECTION 2. Section 104.151, Utilities Code, is amended by
29	29	adding Subsections (c) and (d) to read as follows:
30	30	(c) If a transmission pipeline purchaser of gas sold or
31	31	transported under a pipeline-to-pipeline or transportation rate
32	32	files a complaint with the railroad commission about the rate and
33	33	requests that the railroad commission set an interim rate while the
34	34	complaint is pending, the railroad commission shall set an interim
35	35	rate that the gas utility must apply to the complainant for the
36	36	service in question until the date the railroad commission enters
37	37	an order establishing the rate to be charged or otherwise disposing
38	38	of the complaint. The interim rate must provide the gas utility the
39	39	opportunity to avoid confiscation during the period beginning on
40	40	the date the complaint is filed and ending on the date the railroad
41	41	commission enters an order establishing the rate to be charged or
42	42	otherwise disposing of the complaint.
43	43	(d) A gas utility may not retaliate against a customer for
44	44	filing a complaint related to pipeline-to-pipeline or
45	45	transportation rates.
46	46	SECTION 3. Section 121.303, Utilities Code, is amended to
47	47	read as follows:
48	48	Sec. 121.303. PENALTY AND DAMAGES RECOVERABLE FOR [BY
49	49	VICTIM OF] DISCRIMINATION. (a) A penalty of not less than $100 and
50	50	not more than $1,000 for each violation is and compensatory damages
51	51	proximately caused by the discriminatory conduct are recoverable by
52	52	any person against whom discrimination prohibited by Section
53	53	121.104 is committed.
54	54	(b) An action [A suit] to collect a penalty or damages under
55	55	this section must be brought in the name of and for the benefit of
56	56	the person aggrieved.
57	57	(c) A person who recovers a penalty or damages under this
58	58	section is also entitled to reasonable attorney's fees.
59	59	(d) The penalty authorized under this section is in addition
60	60	to a penalty under Section 121.302.
61	61	(e) Discriminatory conduct prohibited by Section 121.104 is
62	62	grounds for action under Section 17.47, 17.58, 17.60, or 17.61,
63	63	Business & Commerce Code, by the consumer protection division of
64	64	the office of the attorney general.
65	65	SECTION 4. Section 121.303, Utilities Code, as amended by
66	66	this Act, applies only to a cause of action that accrues on or after
67	67	the effective date of this Act.
68	68	SECTION 5. This Act takes effect September 1, 2023.