1 | 1 | | 89R9522 SCR-F |
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2 | 2 | | By: Hughes S.B. No. 1837 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to interim rates charged by electric utilities during a |
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10 | 10 | | rate suspension period. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 36.062, Utilities Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | Sec. 36.062. CONSIDERATION OF CERTAIN EXPENSES. The |
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15 | 15 | | regulatory authority may not consider for ratemaking purposes: |
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16 | 16 | | (1) an expenditure for legislative advocacy, made |
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17 | 17 | | directly or indirectly, including legislative advocacy expenses |
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18 | 18 | | included in trade association dues; |
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19 | 19 | | (2) a payment made to cover costs of an accident, |
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20 | 20 | | equipment failure, or negligence at a utility facility owned by a |
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21 | 21 | | person or governmental entity not selling power in this state, |
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22 | 22 | | other than a payment made under an insurance or risk-sharing |
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23 | 23 | | arrangement executed before the date of loss; |
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24 | 24 | | (3) an expenditure for costs of processing a refund or |
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25 | 25 | | credit under Section 36.1091 [36.110]; or |
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26 | 26 | | (4) any other expenditure, including an executive |
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27 | 27 | | salary, advertising expense, legal expense, or civil penalty or |
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28 | 28 | | fine, the regulatory authority finds to be unreasonable, |
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29 | 29 | | unnecessary, or not in the public interest. |
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30 | 30 | | SECTION 2. Subchapter C, Chapter 36, Utilities Code, is |
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31 | 31 | | amended by adding Section 36.1091 to read as follows: |
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32 | 32 | | Sec. 36.1091. INTERIM RATES. (a) During a suspension |
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33 | 33 | | period ordered under Section 36.108, an electric utility may put an |
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34 | 34 | | interim rate into effect throughout the area in which the utility |
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35 | 35 | | sought to change its rates. The interim rate may not exceed the |
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36 | 36 | | proposed rate. |
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37 | 37 | | (b) An electric utility operating inside ERCOT that |
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38 | 38 | | implements an interim rate under this section must give notice to |
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39 | 39 | | each retail electric provider in the utility's service area at |
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40 | 40 | | least 45 days before the effective date of the interim rate. |
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41 | 41 | | (c) The electric utility: |
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42 | 42 | | (1) shall refund or credit against future bills money |
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43 | 43 | | collected under the interim rates in excess of the rate finally |
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44 | 44 | | ordered; and |
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45 | 45 | | (2) may surcharge bills to recover the amount by which |
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46 | 46 | | the money collected under the interim rates is less than the money |
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47 | 47 | | that would have been collected under the rate finally ordered. |
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48 | 48 | | SECTION 3. Section 36.211(b), Utilities Code, is amended to |
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49 | 49 | | read as follows: |
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50 | 50 | | (b) In a rate proceeding under Subchapter D, or if requested |
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51 | 51 | | by an electric utility in the utility's statement of intent |
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52 | 52 | | initiating a rate proceeding under Subchapter C, notwithstanding |
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53 | 53 | | Section 36.1091 [36.109(a)], the final rate set in the proceeding, |
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54 | 54 | | whether a rate increase or rate decrease, shall be made effective |
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55 | 55 | | for consumption on and after the 155th day after the date the |
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56 | 56 | | rate-filing package is filed. |
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57 | 57 | | SECTION 4. Sections 36.109 and 36.110, Utilities Code, are |
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58 | 58 | | repealed. |
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59 | 59 | | SECTION 5. The changes in law made by this Act apply only to |
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60 | 60 | | a rate proceeding initiated on or after the effective date of this |
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61 | 61 | | Act. A rate proceeding initiated before the effective date of this |
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62 | 62 | | Act is governed by the law in effect on the date the proceeding was |
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63 | 63 | | initiated, and the former law is continued in effect for that |
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64 | 64 | | purpose. |
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65 | 65 | | SECTION 6. This Act takes effect immediately if it receives |
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66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 69 | | Act takes effect September 1, 2025. |
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