Texas 2025 - 89th Regular

Texas Senate Bill SB1438 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R7747 SCR-F
2	2	By: Bettencourt S.B. No. 1438
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedure for a periodic rate adjustment by an
10	10	electric utility.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 36.210(a) and (i), Utilities Code, are
13	13	amended to read as follows:
14	14	(a) The commission, on the petition of an electric utility,
15	15	may approve a tariff or rate schedule in which a nonfuel rate may be
16	16	periodically adjusted upward or downward, based on changes in the
17	17	parts of the utility's invested capital, as described by Section
18	18	36.053, that are categorized or functionalized as distribution
19	19	plant, distribution-related intangible plant, and
20	20	distribution-related communication equipment and networks in
21	21	accordance with commission rules adopted after consideration of the
22	22	uniform system of accounts prescribed by the Federal Energy
23	23	Regulatory Commission. A periodic rate adjustment must:
24	24	(1) be approved or denied in accordance with a
25	25	procedure that:
26	26	(A) allows for participation by the office and
27	27	affected parties; and
28	28	(B) extends for 90 days, except as provided by
29	29	Subsection (i);
30	30	(2) take into account changes in the number of an
31	31	electric utility's customers and the effects, on a
32	32	weather-normalized basis, that energy consumption and energy
33	33	demand have on the amount of revenue recovered through the electric
34	34	utility's base rates;
35	35	(3) be consistent with the manner in which costs for
36	36	invested capital described by this subsection were allocated to
37	37	each rate class, as approved by the commission, in an electric
38	38	utility's most recent base rate statement of intent proceeding with
39	39	changes to residential and commercial class rates reflected in
40	40	volumetric charges to the extent that residential and commercial
41	41	class rates are collected in that manner based on the electric
42	42	utility's most recent base rate statement of intent proceeding;
43	43	(4) not diminish the ability of the commission or a
44	44	regulatory authority, on its own motion or on complaint by an
45	45	affected person as provided by Subchapter D, after reasonable
46	46	notice and hearing, to change the existing rates of an electric
47	47	utility for a service after finding that the rates are unreasonable
48	48	or in violation of law;
49	49	(5) be applied by an electric utility on a system-wide
50	50	basis; and
51	51	(6) be supported by the sworn statement of an
52	52	appropriate employee of the electric utility that affirms that:
53	53	(A) the filing is in compliance with the
54	54	provisions of the tariff or rate schedule; and
55	55	(B) the filing is true and correct to the best of
56	56	the employee's knowledge, information, and belief.
57	57	(i) The commission shall enter a final order on a request
58	58	for a periodic rate adjustment under this section not later than the
59	59	90th [60th] day after the date the request is filed. The commission
60	60	may extend the deadline for not more than 15 days for good cause.
61	61	SECTION 2. The changes in law made by this Act apply only to
62	62	a proceeding before the Public Utility Commission of Texas or other
63	63	regulatory authority described by Section 11.003, Utilities Code,
64	64	that commences on or after the effective date of this Act. A
65	65	proceeding before the Public Utility Commission of Texas or other
66	66	regulatory authority described by Section 11.003, Utilities Code,
67	67	that commenced before the effective date of this Act is governed by
68	68	the law in effect on the date the proceeding commenced, and that law
69	69	is continued in effect for that purpose.
70	70	SECTION 3. This Act takes effect September 1, 2025.