Bill Text: TX HB2256 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the transfer of functions relating to the rates and services of certain gas utilities, propane distribution system retailers, and submetering from the Railroad Commission of Texas to the Public Utility Commission of Texas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Energy Resources [HB2256 Detail]
Download: Texas-2015-HB2256-Introduced.html
84R4369 JXC-D | ||
By: Keffer | H.B. No. 2256 |
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relating to the transfer of functions relating to the rates and | ||
services of certain gas utilities, propane distribution system | ||
retailers, and submetering from the Railroad Commission of Texas to | ||
the Public Utility Commission of Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 101.003, Utilities Code, is amended by | ||
adding Subdivision (3-a) and amending Subdivision (13) to read as | ||
follows: | ||
(3-a) "Commission" means the Public Utility Commission | ||
of Texas. | ||
(13) "Regulatory authority" means either the | ||
[ |
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accordance with the context. | ||
SECTION 2. Section 101.004(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) The [ |
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an affiliate for purposes of this subtitle if the [ |
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commission after notice and hearing finds that the person: | ||
(1) actually exercises substantial influence or | ||
control over the policies and actions of a gas utility; | ||
(2) is a person over which a gas utility exercises the | ||
control described by Subdivision (1); | ||
(3) is under common control with a gas utility; or | ||
(4) actually exercises substantial influence over the | ||
policies and actions of a gas utility in conjunction with one or | ||
more persons with whom the person is related by ownership or blood | ||
relationship, or by action in concert, that together they are | ||
affiliated with the gas utility within the meaning of this section | ||
even though neither person may qualify as an affiliate | ||
individually. | ||
SECTION 3. Section 101.006, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 101.006. JURISDICTION OVER [ |
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commission under this subtitle does not affect [ |
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jurisdiction[ |
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of Texas [ |
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other law[ |
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(b) This subtitle applies to all gas utilities, including a | ||
gas utility that is under the jurisdiction, power, or authority of | ||
the [ |
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subtitle. | ||
SECTION 4. Sections 101.052(a) and (c), Utilities Code, are | ||
amended to read as follows: | ||
(a) The office: | ||
(1) may appear or intervene as a party or otherwise | ||
represent residential consumers, as a class, in appeals to the | ||
[ |
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municipality's governing body; | ||
(2) may initiate or intervene as a matter of right or | ||
otherwise appear in a judicial proceeding that involves an action | ||
taken by the [ |
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office was a party; | ||
(3) is entitled to the same access as a party, other | ||
than [ |
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[ |
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(4) is entitled to discovery of any nonprivileged | ||
matter that is relevant to the subject matter of a proceeding or | ||
petition before the [ |
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(5) may represent an individual residential consumer | ||
with respect to the consumer's disputed complaint concerning | ||
utility services that is unresolved before the [ |
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commission; and | ||
(6) may recommend legislation to the legislature that | ||
the office determines would positively affect the interests of | ||
residential consumers. | ||
(c) This section does not limit the authority of the | ||
[ |
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SECTION 5. Chapter 101, Utilities Code, is amended by | ||
adding Subchapter C to read as follows: | ||
SUBCHAPTER C. MEMORANDUM OF UNDERSTANDING WITH | ||
RAILROAD COMMISSION | ||
Sec. 101.071. MEMORANDUM OF UNDERSTANDING. The Railroad | ||
Commission of Texas and the commission shall enter into a | ||
memorandum of understanding that establishes the duties of each | ||
agency in administering this subtitle, Subtitle B, and other laws | ||
governing gas utilities. | ||
SECTION 6. The heading to Chapter 102, Utilities Code, is | ||
amended to read as follows: | ||
CHAPTER 102. JURISDICTION AND POWERS OF [ |
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OTHER REGULATORY AUTHORITIES | ||
SECTION 7. The heading to Subchapter A, Chapter 102, | ||
Utilities Code, is amended to read as follows: | ||
SUBCHAPTER A. GENERAL POWERS OF [ |
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SECTION 8. Section 102.001, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.001. [ |
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[ |
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rates and services of a gas utility: | ||
(1) that distributes natural gas or synthetic natural | ||
gas in: | ||
(A) areas outside a municipality; and | ||
(B) areas inside a municipality that surrenders | ||
its jurisdiction to the [ |
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103.003; and | ||
(2) that transmits, transports, delivers, or sells | ||
natural gas or synthetic natural gas to a gas utility that | ||
distributes the gas to the public. | ||
(b) The [ |
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jurisdiction to review an order or ordinance of a municipality | ||
exercising exclusive original jurisdiction as provided by this | ||
subtitle. | ||
SECTION 9. Section 102.002, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.002. LIMITATION ON [ |
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JURISDICTION. Except as otherwise provided by this subtitle, this | ||
subtitle does not authorize the [ |
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(1) regulate or supervise a rate or service of a | ||
municipally owned utility; or | ||
(2) affect the jurisdiction, power, or duty of a | ||
municipality that has elected to regulate and supervise a gas | ||
utility in the municipality. | ||
SECTION 10. Section 102.003, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.003. [ |
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REPORTS. The [ |
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(1) require a gas utility to report to the [ |
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commission information relating to the gas utility and an affiliate | ||
inside or outside this state as useful in administering this | ||
subtitle; | ||
(2) establish the form for a report; | ||
(3) determine the time for a report and the frequency | ||
with which the report is to be made; | ||
(4) require that a report be made under oath; | ||
(5) require the filing with the [ |
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of a copy of: | ||
(A) a contract or arrangement between a gas | ||
utility and an affiliate; | ||
(B) a report filed with a federal agency or a | ||
governmental agency or body of another state; and | ||
(C) an annual report that shows each payment of | ||
compensation, other than salary or wages subject to federal income | ||
tax withholding: | ||
(i) to residents of this state; | ||
(ii) with respect to legal, administrative, | ||
or legislative matters in this state; or | ||
(iii) for representation before the | ||
legislature of this state or any governmental agency or body; and | ||
(6) require that a contract or arrangement described | ||
by Subdivision (5)(A) that is not in writing be reduced to writing | ||
and filed with the [ |
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SECTION 11. Section 102.004, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.004. REPORT OF SUBSTANTIAL INTEREST. The | ||
[ |
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respective interests of each owner of at least one percent of the | ||
voting securities of a gas utility or its affiliate. | ||
SECTION 12. Section 102.005, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.005. ASSISTANCE TO MUNICIPALITY. On request of a | ||
municipality, the [ |
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municipality with respect to a question or proceeding arising under | ||
this subtitle. Assistance provided by the [ |
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may include aid to a municipality on a matter pending before the | ||
[ |
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body, such as making a staff member available as a witness or | ||
otherwise providing evidence. | ||
SECTION 13. Section 102.006, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.006. ADMINISTRATIVE HEARINGS IN CONTESTED CASES. | ||
(a) The [ |
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administrative hearings in contested cases to be conducted by one | ||
or more members of the [ |
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State Office of Administrative Hearings. The rules must provide | ||
for [ |
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division of the State Office of Administrative Hearings to conduct | ||
each hearing in a contested case that is not conducted by one or | ||
more members of the [ |
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conducted in accordance with the rules and procedures adopted by | ||
the [ |
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(b) The [ |
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State Office of Administrative Hearings the authority to make a | ||
final decision and to issue findings of fact, conclusions of law, | ||
and other necessary orders in a proceeding in which there is not a | ||
contested issue of fact or law. | ||
(c) The [ |
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procedures by which it delegates final decision-making authority | ||
under Subsection (b) [ |
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(d) For purposes of judicial review, the final decision of | ||
[ |
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judge of the State Office of Administrative Hearings in a matter | ||
delegated under Subsection (b) has the same effect as a final | ||
decision of the [ |
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commission requests formal review of the decision. | ||
(e) The State Office of Administrative Hearings shall | ||
charge the [ |
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conducted by the office under this section only if the legislature | ||
appropriates money for that purpose. If the legislature does not | ||
appropriate money for the payment of a fixed annual rate under this | ||
section, the State Office of Administrative Hearings shall charge | ||
the [ |
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hour for hearings conducted by the office under this section. | ||
SECTION 14. Section 102.051, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.051. REPORT OF CERTAIN TRANSACTIONS; [ |
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COMMISSION CONSIDERATION. (a) Not later than the 60th day after | ||
the date the transaction takes effect, a gas utility shall report to | ||
the [ |
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(1) a sale, acquisition, or lease of a plant as an | ||
operating unit or system in this state for a total consideration of | ||
more than $1 million; or | ||
(2) a merger or consolidation with another gas utility | ||
operating in this state. | ||
(b) On the filing of a report with the [ |
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commission, the [ |
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transaction described by Subsection (a), with or without a public | ||
hearing, to determine whether the action is consistent with the | ||
public interest. In reaching its determination, the [ |
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commission shall consider the reasonable value of the property, | ||
facilities, or securities to be acquired, disposed of, merged, or | ||
consolidated. | ||
(c) If the [ |
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not in the public interest, the [ |
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the effect of the transaction into consideration in ratemaking | ||
proceedings and disallow the effect of the transaction if the | ||
transaction will unreasonably affect rates or service. | ||
(d) This section does not apply to: | ||
(1) the purchase of a unit of property for | ||
replacement; or | ||
(2) an addition to the facilities of a gas utility by | ||
construction. | ||
SECTION 15. Section 102.052, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.052. REPORT OF PURCHASE OF VOTING STOCK IN GAS | ||
UTILITY. A gas utility may not purchase voting stock in another gas | ||
utility doing business in this state unless the utility reports the | ||
purchase to the [ |
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SECTION 16. Section 102.053, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.053. REPORT OF LOAN TO STOCKHOLDERS. A gas utility | ||
may not loan money, stocks, bonds, notes, or other evidence of | ||
indebtedness to a person who directly or indirectly owns or holds | ||
any stock of the gas utility unless the gas utility reports the | ||
transaction to the [ |
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SECTION 17. Sections 102.101(a), (b), (c), and (d), | ||
Utilities Code, are amended to read as follows: | ||
(a) Each gas utility shall keep and provide to the | ||
regulatory authority, in the manner and form prescribed by the | ||
[ |
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by the gas utility. | ||
(b) The [ |
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books, accounts, records, and memoranda to be kept by a gas utility, | ||
including: | ||
(1) the books, accounts, records, and memoranda of: | ||
(A) the provision of and capacity for service; | ||
and | ||
(B) the receipt and expenditure of money; and | ||
(2) any other form, record, and memorandum that the | ||
[ |
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subtitle. | ||
(c) For a gas utility subject to regulation by a federal | ||
regulatory agency, compliance with the system of accounts | ||
prescribed for the particular class of utilities by the federal | ||
agency may be considered sufficient compliance with the system | ||
prescribed by the [ |
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may prescribe the form of books, accounts, records, and memoranda | ||
covering information in addition to that required by the federal | ||
agency. The system of accounts and the form of books, accounts, | ||
records, and memoranda prescribed by the [ |
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a gas utility or class of utilities may not be inconsistent with the | ||
systems and forms established by a federal agency for that gas | ||
utility or class of utilities. | ||
(d) Each gas utility shall: | ||
(1) keep and provide its books, accounts, records, and | ||
memoranda accurately and faithfully in the manner and form | ||
prescribed by the [ |
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(2) comply with the directions of the regulatory | ||
authority relating to the books, accounts, records, and memoranda. | ||
SECTION 18. Section 102.102, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.102. MAINTENANCE OF OFFICE AND RECORDS IN THIS | ||
STATE. (a) Each gas utility shall maintain an office in this state | ||
in a county in which some part of the utility's property is located. | ||
The gas utility shall keep in this office all books, accounts, | ||
records, and memoranda required by the [ |
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kept in this state. | ||
(b) A book, account, record, or memorandum required by the | ||
regulatory authority to be kept in this state may not be removed | ||
from this state except as prescribed by the [ |
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SECTION 19. Section 102.104, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.104. JURISDICTION OVER AFFILIATE. The [ |
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commission has jurisdiction over an affiliate that has a | ||
transaction with a gas utility under the [ |
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jurisdiction to the extent of access to an account or a record of | ||
the affiliate relating to the transaction, including an account or | ||
a record of joint or general expenses, any portion of which may be | ||
applicable to the transaction. | ||
SECTION 20. Section 102.152, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 102.152. DEPRECIATION ACCOUNT. The [ |
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commission shall require each gas utility or municipally owned | ||
utility to carry a proper and adequate depreciation account in | ||
accordance with: | ||
(1) the rates and methods prescribed by the [ |
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commission under Section 104.054; and | ||
(2) any other rule the [ |
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SECTION 21. Section 102.206(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) A regulatory authority may require, by order or subpoena | ||
served on a gas utility, the production, at the time and place in | ||
this state that the regulatory authority designates, of any books, | ||
accounts, papers, or records kept by that gas utility outside this | ||
state or, if ordered by the [ |
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of the books, accounts, papers, or records. | ||
SECTION 22. Section 103.001, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 103.001. MUNICIPAL JURISDICTION. To provide fair, | ||
just, and reasonable rates and adequate and efficient services, the | ||
governing body of a municipality has exclusive original | ||
jurisdiction over the rates, operations, and services of a gas | ||
utility within the municipality, subject to the limitations imposed | ||
by this subtitle, unless the municipality surrenders its | ||
jurisdiction to the [ |
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SECTION 23. Section 103.002(c), Utilities Code, is amended | ||
to read as follows: | ||
(c) A franchise agreement may not limit or interfere with a | ||
power conferred on the [ |
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SECTION 24. Section 103.003, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 103.003. SURRENDER OF MUNICIPAL JURISDICTION TO | ||
[ |
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municipality may elect to have the [ |
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exclusive original jurisdiction over gas utility rates, | ||
operations, and services in the municipality by ordinance or by | ||
submitting the question of the surrender of its jurisdiction to the | ||
voters at a municipal election. | ||
(b) The governing body of a municipality shall submit at a | ||
municipal election the question of surrendering its jurisdiction to | ||
the [ |
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signed by a number of qualified voters of the municipality equal to | ||
at least the lesser of 20,000 or 10 percent of the number of voters | ||
voting in the last preceding general election in the municipality. | ||
(c) A municipality may not elect to surrender its | ||
jurisdiction while a case involving the municipality is pending. | ||
(d) A municipality that surrenders its jurisdiction to the | ||
[ |
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provisions of this section governing the surrender of jurisdiction | ||
apply to the reinstatement of jurisdiction. | ||
SECTION 25. Section 103.023, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 103.023. MUNICIPAL STANDING. (a) A municipality has | ||
standing in each case before the [ |
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to a gas utility's rates and services in the municipality. | ||
(b) A municipality's standing is subject to the right of the | ||
[ |
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another party on an issue of common interest. | ||
SECTION 26. Section 103.024, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 103.024. JUDICIAL REVIEW. A municipality is entitled | ||
to judicial review of a [ |
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gas utility's rates and services in a municipality as provided by | ||
Section 105.001. | ||
SECTION 27. Section 103.051, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 103.051. APPEAL BY PARTY. A party to a rate proceeding | ||
before a municipality's governing body may appeal the governing | ||
body's decision to the [ |
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SECTION 28. Section 103.052, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 103.052. APPEAL BY RESIDENTS. The residents of a | ||
municipality may appeal to the [ |
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of the municipality's governing body in a rate proceeding by filing | ||
with the [ |
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number of qualified voters of the municipality equal to at least the | ||
lesser of 20,000 or 10 percent of the qualified voters of the | ||
municipality. | ||
SECTION 29. Section 103.053(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) The ratepayers of a municipally owned utility who are | ||
outside the municipality may appeal to the [ |
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action of the municipality's governing body affecting the | ||
municipally owned utility's rates by filing with the [ |
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commission a petition for review signed by a number of ratepayers | ||
served by the utility outside the municipality equal to at least the | ||
lesser of 10,000 or five percent of those ratepayers. | ||
SECTION 30. Section 103.054(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) An appeal under this subchapter is initiated by filing a | ||
petition for review with the [ |
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copy of the petition on each party to the original rate proceeding. | ||
SECTION 31. Sections 103.055(b) and (c), Utilities Code, | ||
are amended to read as follows: | ||
(b) The [ |
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establishing the rates the [ |
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municipality should have set in the ordinance to which the appeal | ||
applies. | ||
(c) If the [ |
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order within 185 days after the date the appeal is perfected, the | ||
rates proposed by the gas utility are considered to be approved by | ||
the [ |
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185-day period. | ||
SECTION 32. Section 103.056, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 103.056. APPLICABILITY OF RATES. Temporary or | ||
permanent rates set by the [ |
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and observed from the date of the applicable [ |
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order, except an interim rate order necessary to provide a gas | ||
utility the opportunity to avoid confiscation during the period | ||
beginning on the date a petition for review is filed with the | ||
[ |
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establishing rates. | ||
SECTION 33. Section 104.001(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) The [ |
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authority and power of this state to ensure compliance with the | ||
obligations of gas utilities in this subtitle. | ||
SECTION 34. Sections 104.003(a) and (c), Utilities Code, | ||
are amended to read as follows: | ||
(a) The regulatory authority shall ensure that each rate a | ||
gas utility or two or more gas utilities jointly make, demand, or | ||
receive is just and reasonable. A rate may not be unreasonably | ||
preferential, prejudicial, or discriminatory but must be | ||
sufficient, equitable, and consistent in application to each class | ||
of consumer. In establishing a gas utility's rates, the [ |
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commission may treat as a single class two or more municipalities | ||
that a gas utility serves if the commission considers that | ||
treatment to be appropriate. | ||
(c) Subsection (b) does not apply: | ||
(1) if a complaint is filed with the [ |
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commission by a transmission pipeline purchaser of gas sold or | ||
transported under the pipeline-to-pipeline or transportation rate; | ||
or | ||
(2) to a direct sale for resale to a gas distribution | ||
utility at a city gate. | ||
SECTION 35. Section 104.005(c), Utilities Code, is amended | ||
to read as follows: | ||
(c) After notice and hearing, the [ |
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may, in the public interest, order a gas utility to refund with | ||
interest compensation received in violation of this section. | ||
SECTION 36. Section 104.006, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 104.006. RATES FOR AREA NOT IN MUNICIPALITY. Without | ||
the approval of the [ |
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for an area not in a municipality may not exceed 115 percent of the | ||
average of all rates for similar services for all municipalities | ||
served by the same utility in the same county as that area. | ||
SECTION 37. Section 104.054(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) The [ |
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adequate rates and methods of depreciation, amortization, or | ||
depletion for each class of property of a gas utility or municipally | ||
owned utility. | ||
SECTION 38. Section 104.107(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) Pending the hearing and a decision: | ||
(1) the local regulatory authority, after delivering | ||
to the gas utility a written statement of the regulatory | ||
authority's reasons, may suspend the operation of the schedule for | ||
not longer than 90 days after the date the schedule would otherwise | ||
be effective; and | ||
(2) the [ |
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operation of the schedule for not longer than 150 days after the | ||
date the schedule would otherwise be effective. | ||
SECTION 39. Section 104.201, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 104.201. TRANSPORTATION RATES BETWEEN GAS UTILITY OR | ||
MUNICIPALLY OWNED UTILITY AND STATE AGENCY. (a) Notwithstanding | ||
Section 104.003(b), absent a contract for transportation service | ||
between a state agency and a gas utility or municipally owned | ||
utility, the [ |
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after the date either party files a request to set a transportation | ||
rate, shall establish the transportation rate for the state agency. | ||
The commission has exclusive original jurisdiction to establish a | ||
transportation rate for a state agency under this section. | ||
(b) The [ |
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of the transportation rate under Subsection (a) on the cost of | ||
providing the transportation service for both the distribution | ||
system and the transmission system, as applicable, of the gas | ||
utility or municipally owned utility. | ||
(c) The [ |
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under Subsection (a) as provided for under the commission's | ||
appellate jurisdiction. | ||
SECTION 40. Section 104.2545(c), Utilities Code, is amended | ||
to read as follows: | ||
(c) A utility shall provide a service described by | ||
Subsection (b) at rates provided by a written contract negotiated | ||
between the utility and the state or a state agency. If the utility | ||
and the state or state agency are not able to agree to a contract | ||
rate, a fair and reasonable rate may be determined for the public | ||
retail customer, as a rate for a separate class of service, by the | ||
[ |
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the relevant regulatory body under this chapter. | ||
SECTION 41. Section 104.255(b), Utilities Code, is amended | ||
to read as follows: | ||
(b) The [ |
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payment of bills by the state or a state agency to a gas utility or | ||
municipally owned utility. The rules must be consistent with | ||
Chapter 2251, Government Code. | ||
SECTION 42. Section 104.301(j), Utilities Code, is amended | ||
to read as follows: | ||
(j) A gas utility implementing a tariff or rate schedule | ||
under this section shall reimburse the [ |
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utility's proportionate share of the [ |
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related to the administration of the interim rate adjustment | ||
mechanism provided by this section. | ||
SECTION 43. Section 105.001(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) Any party to a proceeding before the [ |
||
commission is entitled to judicial review under the substantial | ||
evidence rule. | ||
SECTION 44. Section 105.021(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) The attorney general, on the request of the [ |
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commission, shall apply in the name of the commission for an order | ||
under Subsection (b) if the commission determines that a gas | ||
utility or other person is: | ||
(1) engaging in or about to engage in an act that | ||
violates this subtitle or an order or rule of the commission entered | ||
or adopted under this subtitle; or | ||
(2) failing to comply with the requirements of this | ||
subtitle or a rule or order of the commission. | ||
SECTION 45. Section 105.022, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 105.022. CONTEMPT. The [ |
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an action for contempt against a person who: | ||
(1) fails to comply with a lawful order of the | ||
commission; | ||
(2) fails to comply with a subpoena or subpoena duces | ||
tecum; or | ||
(3) refuses to testify about a matter on which the | ||
person may be lawfully interrogated. | ||
SECTION 46. Sections 105.023(a) and (d), Utilities Code, | ||
are amended to read as follows: | ||
(a) A gas utility or affiliate is subject to a civil penalty | ||
if the gas utility or affiliate knowingly violates this subtitle, | ||
fails to perform a duty imposed on it, or fails, neglects, or | ||
refuses to obey an order, rule, direction, or requirement of the | ||
[ |
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(d) The attorney general shall file in the name of the | ||
[ |
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initiative or at the request of the commission to recover the civil | ||
penalty under this section. | ||
SECTION 47. Section 105.027, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 105.027. DISPOSITION OF FINES AND PENALTIES. A fine or | ||
penalty collected under this subtitle, other than a fine or penalty | ||
collected in a criminal proceeding, shall be paid to the [ |
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commission. | ||
SECTION 48. Section 124.002(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) The Public Utility Commission of Texas [ |
||
|
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manager of a mobile home park or apartment house may purchase | ||
natural gas through a master meter for delivery to a dwelling unit | ||
in the mobile home park or apartment house using individual | ||
submeters to allocate fairly the cost of the gas consumption of each | ||
dwelling unit. | ||
SECTION 49. Sections 141.001(3) and (5), Utilities Code, | ||
are amended to read as follows: | ||
(3) "Commission" means the Public Utility [ |
||
Commission of Texas or its successor agency. | ||
(5) "Distribution system retailer": | ||
(A) means a retail propane dealer that: | ||
(i) owns or operates for compensation in | ||
this state a propane gas system; and | ||
(ii) has a Category E or K license issued by | ||
the applicable license and permit section of the Railroad | ||
Commission of Texas [ |
||
(B) does not include a person that furnishes | ||
propane gas only to the person, to the person's employees, or to the | ||
person's tenants as an incident of employment or tenancy, if the | ||
service is not resold to customers. | ||
SECTION 50. Chapter 141, Utilities Code, is amended by | ||
adding Section 141.011 to read as follows: | ||
Sec. 141.011. MEMORANDUM OF UNDERSTANDING. The commission | ||
may enter into a memorandum of understanding with the Railroad | ||
Commission of Texas as necessary to administer and enforce this | ||
chapter. | ||
SECTION 51. (a) On September 1, 2016, the following are | ||
transferred from the Railroad Commission of Texas to the Public | ||
Utility Commission of Texas: | ||
(1) the powers, duties, functions, programs, and | ||
activities of the Railroad Commission of Texas relating to the | ||
rates and services of gas utilities under Subtitle A, Title 3, | ||
Utilities Code, the rates and services of propane distribution | ||
system retailers under Subtitle C, Title 3, Utilities Code, and | ||
submetering under Chapter 124, Utilities Code, as provided by this | ||
Act; | ||
(2) any obligations and contracts of the Railroad | ||
Commission of Texas that are directly related to implementing a | ||
power, duty, function, program, or activity transferred under this | ||
Act; and | ||
(3) all property and records in the custody of the | ||
Railroad Commission of Texas that are related to a power, duty, | ||
function, program, or activity transferred under this Act and all | ||
funds appropriated by the legislature for that power, duty, | ||
function, program, or activity. | ||
(b) The Railroad Commission of Texas shall continue to carry | ||
out the railroad commission's duties related to the rates and | ||
services of gas utilities under Subtitle A, Title 3, Utilities | ||
Code, the rates and services of propane distribution system | ||
retailers under Subtitle C, Title 3, Utilities Code, and | ||
submetering under Chapter 124, Utilities Code, as those laws | ||
existed immediately before the effective date of this Act until | ||
September 1, 2016, and the former law is continued in effect for | ||
that purpose. | ||
(c) The Railroad Commission of Texas and the Public Utility | ||
Commission of Texas shall enter into a memorandum of understanding | ||
that: | ||
(1) identifies in detail the applicable powers and | ||
duties that are transferred by this Act; | ||
(2) establishes a plan for the identification and | ||
transfer of the records, personnel, property, and unspent | ||
appropriations of the Railroad Commission of Texas that are used | ||
for purposes of the railroad commission's powers and duties | ||
directly related to the rates and services of gas utilities under | ||
Subtitle A, Title 3, Utilities Code, the rates and services of | ||
propane distribution system retailers under Subtitle C, Title 3, | ||
Utilities Code, and submetering under Chapter 124, Utilities Code, | ||
as amended by this Act; and | ||
(3) establishes a plan for the transfer of all pending | ||
applications, hearings, rulemaking proceedings, and orders | ||
relating to the rates and services of gas utilities under Subtitle | ||
A, Title 3, Utilities Code, the rates and services of propane | ||
distribution system retailers under Subtitle C, Title 3, Utilities | ||
Code, and submetering under Chapter 124, Utilities Code, as amended | ||
by this Act, from the Railroad Commission of Texas to the Public | ||
Utility Commission of Texas. | ||
(d) The memorandum of understanding under this section must | ||
be completed by August 1, 2016. | ||
(e) The executive directors of the Railroad Commission of | ||
Texas and the Public Utility Commission of Texas may agree in the | ||
memorandum of understanding under this section to transfer to the | ||
Public Utility Commission of Texas any personnel of the Railroad | ||
Commission of Texas whose functions predominantly involve powers, | ||
duties, obligations, functions, and activities related to the rates | ||
and services of gas utilities under Subtitle A, Title 3, Utilities | ||
Code, the rates and services of propane distribution system | ||
retailers under Subtitle C, Title 3, Utilities Code, and | ||
submetering under Chapter 124, Utilities Code, as amended by this | ||
Act. | ||
(f) A rule, form, policy, procedure, or decision of the | ||
Railroad Commission of Texas related to a power, duty, function, | ||
program, or activity transferred under this Act continues in effect | ||
as a rule, form, policy, procedure, or decision of the Public | ||
Utility Commission of Texas and remains in effect until amended or | ||
replaced by that agency. Notwithstanding any other law, beginning | ||
September 1, 2015, the Public Utility Commission of Texas may | ||
propose rules, forms, policies, and procedures related to a | ||
function to be transferred to the Public Utility Commission of | ||
Texas under this Act. | ||
SECTION 52. This Act takes effect September 1, 2015. |