Texas 2025 - 89th Regular

Texas House Bill HB3157 Compare Versions

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11 89R9522 SCR-F
22 By: Darby H.B. No. 3157
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to interim rates charged by electric utilities during a
1010 rate suspension period.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 36.062, Utilities Code, is amended to
1313 read as follows:
1414 Sec. 36.062. CONSIDERATION OF CERTAIN EXPENSES. The
1515 regulatory authority may not consider for ratemaking purposes:
1616 (1) an expenditure for legislative advocacy, made
1717 directly or indirectly, including legislative advocacy expenses
1818 included in trade association dues;
1919 (2) a payment made to cover costs of an accident,
2020 equipment failure, or negligence at a utility facility owned by a
2121 person or governmental entity not selling power in this state,
2222 other than a payment made under an insurance or risk-sharing
2323 arrangement executed before the date of loss;
2424 (3) an expenditure for costs of processing a refund or
2525 credit under Section 36.1091 [36.110]; or
2626 (4) any other expenditure, including an executive
2727 salary, advertising expense, legal expense, or civil penalty or
2828 fine, the regulatory authority finds to be unreasonable,
2929 unnecessary, or not in the public interest.
3030 SECTION 2. Subchapter C, Chapter 36, Utilities Code, is
3131 amended by adding Section 36.1091 to read as follows:
3232 Sec. 36.1091. INTERIM RATES. (a) During a suspension
3333 period ordered under Section 36.108, an electric utility may put an
3434 interim rate into effect throughout the area in which the utility
3535 sought to change its rates. The interim rate may not exceed the
3636 proposed rate.
3737 (b) An electric utility operating inside ERCOT that
3838 implements an interim rate under this section must give notice to
3939 each retail electric provider in the utility's service area at
4040 least 45 days before the effective date of the interim rate.
4141 (c) The electric utility:
4242 (1) shall refund or credit against future bills money
4343 collected under the interim rates in excess of the rate finally
4444 ordered; and
4545 (2) may surcharge bills to recover the amount by which
4646 the money collected under the interim rates is less than the money
4747 that would have been collected under the rate finally ordered.
4848 SECTION 3. Section 36.211(b), Utilities Code, is amended to
4949 read as follows:
5050 (b) In a rate proceeding under Subchapter D, or if requested
5151 by an electric utility in the utility's statement of intent
5252 initiating a rate proceeding under Subchapter C, notwithstanding
5353 Section 36.1091 [36.109(a)], the final rate set in the proceeding,
5454 whether a rate increase or rate decrease, shall be made effective
5555 for consumption on and after the 155th day after the date the
5656 rate-filing package is filed.
5757 SECTION 4. Sections 36.109 and 36.110, Utilities Code, are
5858 repealed.
5959 SECTION 5. The changes in law made by this Act apply only to
6060 a rate proceeding initiated on or after the effective date of this
6161 Act. A rate proceeding initiated before the effective date of this
6262 Act is governed by the law in effect on the date the proceeding was
6363 initiated, and the former law is continued in effect for that
6464 purpose.
6565 SECTION 6. This Act takes effect immediately if it receives
6666 a vote of two-thirds of all the members elected to each house, as
6767 provided by Section 39, Article III, Texas Constitution. If this
6868 Act does not receive the vote necessary for immediate effect, this
6969 Act takes effect September 1, 2025.