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Texas Laws | Utility Code
UTILITIES CODE
TITLE 3. GAS REGULATION

(c) If the railroad commission finds that a transaction is not in the public interest, the railroad commission shall take 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. (8186)

(d) This section does not apply to: (8187)

(1) the purchase of a unit of property for replacement; or (8188)

(2) an addition to the facilities of a gas utility by construction. (8189)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 32, Sec. 1, eff. Sept. 1, 1999. (8190)

Amended by: (8191)

Acts 2005, 79th Leg., Ch. 1000 (H.B. 474), Sec. 1, eff. September 1, 2005. (8192)

Sec. 102.052. REPORT OF PURCHASE OF VOTING STOCK IN GAS UTILITY. (8193)(Text)

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 railroad commission. (8194)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8195)

Sec. 102.053. REPORT OF LOAN TO STOCKHOLDERS. (8196)(Text)

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 railroad commission within a reasonable time. (8197)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8198)

SUBCHAPTER C. RECORDS (8199)(Text)
Sec. 102.101. RECORDS OF GAS UTILITY. (8200)(Text)

(a) Each gas utility shall keep and provide to the regulatory authority, in the manner and form prescribed by the railroad commission, uniform accounts of all business transacted by the gas utility. (8201)

(b) The railroad commission may prescribe the form of books, accounts, records, and memoranda to be kept by a gas utility, including: (8202)

(1) the books, accounts, records, and memoranda of: (8203)

(A) the provision of and capacity for service; and (8204)

(B) the receipt and expenditure of money; and (8205)

(2) any other form, record, and memorandum that the railroad commission considers necessary to carry out this subtitle. (8206)

(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 railroad commission. The railroad commission 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 railroad commission for 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. (8207)

(d) Each gas utility shall: (8208)

(1) keep and provide its books, accounts, records, and memoranda accurately and faithfully in the manner and form prescribed by the railroad commission; and (8209)

(2) comply with the directions of the regulatory authority relating to the books, accounts, records, and memoranda. (8210)

(e) In this section, "gas utility" includes a municipally owned utility. (8211)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8212)

Sec. 102.102. MAINTENANCE OF OFFICE AND RECORDS IN THIS STATE. (8213)(Text)

(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 railroad commission to be kept in this state. (8214)

(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 railroad commission. (8215)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8216)

Sec. 102.103. COMMUNICATIONS WITH REGULATORY AUTHORITY. (8217)(Text)

(a) The regulatory authority shall adopt rules governing communications with the regulatory authority or a member or employee of the regulatory authority by: (8218)

(1) a gas utility; (8219)

(2) an affiliate; or (8220)

(3) a representative of a gas utility or affiliate. (8221)

(b) A record of a communication must contain: (8222)

(1) the name of the person contacting the regulatory authority or member or employee of the regulatory authority; (8223)

(2) the name of the business entity represented; (8224)

(3) a brief description of the subject matter of the communication; and (8225)

(4) the action, if any, requested by the gas utility, affiliate, or representative. (8226)

(c) Records compiled under Subsection (b) shall be available to the public monthly. (8227)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8228)

Sec. 102.104. JURISDICTION OVER AFFILIATE. (8229)(Text)

The railroad commission has jurisdiction over an affiliate that has a transaction with a gas utility under the railroad commission's 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. (8230)

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