88R283 JXC-D
By: Johnson S.B. No. 2110
A BILL TO BE ENTITLED
AN ACT
relating to the provision of natural gas by and rates charged by
certain gas utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.003, Utilities Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) Subsection (b)(1) does not apply to a gas utility when:
(1) the gas utility is providing service to a customer
whose facilities are connected to the facilities of only one gas
utility; and
(2) all other gas utilities providing service at a
location that is less than five miles from the location where the
service is provided are incapable of serving all of the customer's
natural gas requirements at the level of service needed by the
customer at that location.
(g) A gas utility may establish a rebuttable presumption
that a gas transportation rate meets the requirements of Subsection
(b)(2) by filing with the regulatory authority executed agreements
containing the gas transportation rates for two or more similarly
situated customers of the gas utility. An executed agreement filed
with a regulatory authority under this section is not confidential
and is public information under Chapter 552, Government Code.
SECTION 2. Section 104.151, Utilities Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) If a transmission pipeline purchaser of gas sold or
transported under a pipeline-to-pipeline or transportation rate
files a complaint with the railroad commission about the rate and
requests that the railroad commission set an interim rate while the
complaint is pending, the railroad commission shall set an interim
rate that the gas utility must apply to the complainant for the
service in question until the date the railroad commission enters
an order establishing the rate to be charged or otherwise disposing
of the complaint. The interim rate must provide the gas utility the
opportunity to avoid confiscation during the period beginning on
the date the complaint is filed and ending on the date the railroad
commission enters an order establishing the rate to be charged or
otherwise disposing of the complaint.
(d) A gas utility may not retaliate against a customer for
filing a complaint related to pipeline-to-pipeline or
transportation rates.
SECTION 3. Section 121.303, Utilities Code, is amended to
read as follows:
Sec. 121.303. PENALTY AND DAMAGES RECOVERABLE FOR [BY
VICTIM OF] DISCRIMINATION. (a) A penalty of not less than $100 and
not more than $1,000 for each violation is and compensatory damages
proximately caused by the discriminatory conduct are recoverable by
any person against whom discrimination prohibited by Section
121.104 is committed.
(b) An action [A suit] to collect a penalty or damages under
this section must be brought in the name of and for the benefit of
the person aggrieved.
(c) A person who recovers a penalty or damages under this
section is also entitled to reasonable attorney's fees.
(d) The penalty authorized under this section is in addition
to a penalty under Section 121.302.
(e) Discriminatory conduct prohibited by Section 121.104 is
grounds for action under Section 17.47, 17.58, 17.60, or 17.61,
Business & Commerce Code, by the consumer protection division of
the office of the attorney general.
SECTION 4. Section 121.303, Utilities Code, as amended by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2023.