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Amend Amendment No. 45 by Guillen to CSSB 3 (House Committee
Printing) by adding the following:
Amend CSSB 3 (House Committee Printing) by adding the
following appropriately numbered section to the bill and
renumbering subsequent sections accordingly:
Section ____. Subchapter F, Chapter 13, Water Code, is
amended by adding Section 13.188 to read as follows:
Sec. 13.188. ADJUSTMENT FOR CHANGE IN ENERGY COSTS. (a)
Notwithstanding any other provision in this chapter, the commission
by rule shall adopt a procedure allowing a utility to file with the
commission an application to timely adjust the utility's rates to
reflect an increase or decrease in documented energy costs in a pass
through clause. The commission, by rule, shall require the pass
through of documented decreases in energy costs within a reasonable
time. The pass through, whether a decrease of increase, shall be
implemented on or no later than an annual basis, unless the
Commission determines a special circumstance applies.
(b)Notwithstanding any other provision to the contrary,
this adjustment is an uncontested matter not subject to a contested
case hearing. However, the Executive Director shall hold a
non-contested public meeting if:
(1) on the request of a member of the legislature who
represents the area served by the water and sewer utility;
(2) if the Executive Director determines that there is
substantial public interest in the matter.
(c) A proceeding under this section is not a rate case and
Section 13.187 does not apply.
(d) An adjustment for energy costs that results in an
increase in rate charges by a water and sewer utility may not take
affect if the utility is served by an electric cooperative that is
affiliated with the water and sewer utility.