reglab/housing_qa huggingface dataset:
TX Util § 104.055 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.055. Net Income; Allowable Expenses

Sec. 104.055.  NET INCOME;  ALLOWABLE EXPENSES.  (a)  Net income shall be used to establish just and reasonable rates.  For that purpose, "net income" means the total revenues of the gas utility from gas utility service less all reasonable and necessary expenses related to that gas utility service.  The regulatory authority shall determine those revenues and expenses in a manner consistent with this subchapter.(b)  In establishing a gas utility's rates, the regulatory authority may not allow a gas utility's payment to an affiliate for the cost of a service, property, right, or other item or for an interest expense to be included as capital cost or as expense related to gas utility service except to the extent that the regulatory authority finds the payment is reasonable and necessary for each item or class of items as determined by the regulatory authority.  That finding must include:(1)  a specific finding of the reasonableness and necessity of each item or class of items allowed;  and(2)  a finding that the price to the gas utility is not higher than the prices charged by the supplying affiliate to its other affiliates or divisions or to a nonaffiliated person for the same item or class of items.(c)  If an expense is allowed to be included in utility rates, or an investment is included in the utility rate base, the related income tax deduction or benefit shall be included in the computation of income tax expense to reduce the rates.  If an expense is disallowed or not included in utility rates, or an investment is not included in the utility rate base, the related income tax deduction or benefit may not be included in the computation of income tax expense to reduce the rates.  The income tax expense shall be computed using the statutory income tax rates.(d)  The regulatory authority may adopt reasonable rules complying with this section with respect to including and excluding certain expenses in computing the rates to be established.(e)  This section is not intended to increase gas utility rates to the customer not caused by utility service.  Utility rates may include only expenses caused by utility service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.056 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.056. Treatment of Certain Tax Benefits

Sec. 104.056.  TREATMENT OF CERTAIN TAX BENEFITS.  (a)  In determining the allocation of tax savings derived from liberalized depreciation and amortization, the investment tax credit, and the application of similar methods, the regulatory authority shall:(1)  balance equitably the interests of present and future customers;  and(2)  apportion accordingly the benefits between consumers and the gas utility or municipally owned utility.(b)  If a gas utility or municipally owned utility retains a portion of the investment tax credit, that portion shall be deducted from the original cost of the facilities or other addition to the rate base to which the credit applied to the extent allowed by the Internal Revenue Code.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.057 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.057. Consideration of Certain Expenses

Sec. 104.057.  CONSIDERATION OF CERTAIN EXPENSES.  (a)  In establishing a gas utility's rates, the regulatory authority may not allow as a cost or expense an expenditure:(1)  described by Section 102.154 that the regulatory authority determines to be not in the public interest;  or(2)  for legislative advocacy.(b)  The regulatory authority may allow as a cost or expense reasonable charitable or civic contributions not to exceed the amount approved by the regulatory authority.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.058 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.058. Consideration of Profit or Loss From Sale or Lease of Merchandise

Sec. 104.058.  CONSIDERATION OF PROFIT OR LOSS FROM SALE OR LEASE OF MERCHANDISE.  In establishing a gas utility's or municipally owned utility's rates, the regulatory authority may not consider a profit or loss that results from the sale or lease of merchandise, including appliances, fixtures, or equipment, to the extent that merchandise is not integral to providing utility service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.059 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.059. Pension and Other Postemployment Benefits

Sec. 104.059.  PENSION AND OTHER POSTEMPLOYMENT BENEFITS.  (a)  In establishing a gas utility's rates, the regulatory authority shall allow recovery of the gas utility's costs of pensions and other postemployment benefits, as determined by actuarial or other similar studies in accordance with generally accepted accounting principles, in amounts the regulatory authority finds reasonable and necessary.(b)  If a gas utility establishes one or more reserve accounts for the purpose of tracking changes in the costs of pensions and other postemployment benefits, the gas utility shall periodically record in a reserve account any difference between:(1)  the annual amount of pension and other postemployment benefits approved and included in the gas utility's then current rates or, if that annual amount cannot be determined from the regulatory authority's order, the amount recorded for pension and other postemployment benefits under generally accepted accounting principles during the first year that rates from the gas utility's last general rate proceeding were in effect; and(2)  the annual amount of costs of pensions and other postemployment benefits as determined by actuarial or other similar studies that would otherwise be recorded by the gas utility were this provision not applicable.(c)  The gas utility must:(1)  establish separate reserve accounts for pensions and for other postemployment benefits; and(2)  apply the same methodology to allocate pension and other postemployment benefits between capital and expense as in the gas utility's last rate case.(d)  A surplus in a reserve account exists if the amount of pension and other postemployment benefits under Subsection (b)(1) is greater than the amount determined under Subsection (b)(2).  A shortage in a reserve account exists if the amount of pension and other postemployment benefits under Subsection (b)(1) is less than the amount determined under Subsection (b)(2).(e)  If the gas utility establishes reserve accounts for the costs of pensions and other postemployment benefits, the regulatory authority at a subsequent general rate proceeding shall:(1)  review the amounts recorded to each reserve account to determine whether the amounts are reasonable and necessary;(2)  determine in accordance with Subsection (d) whether each reserve account has a surplus or shortage; and(3)  subtract any surplus from or add any shortage to the gas utility's rate base, with the surplus or shortage amortized over a reasonable time.|Added by Acts 2011, 82nd Leg., R.S., Ch. 172 (S.B. 403), Sec. 1, eff. May 28, 2011.|
TX Util § 104.060 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.060. Consideration of Compensation and Benefit Expenses

Sec. 104.060.  CONSIDERATION OF COMPENSATION AND BENEFIT EXPENSES.  (a)  In this section, "employee compensation and benefits" includes base salaries, wages, incentive compensation, and benefits. The term does not include:(1)  pension or other postemployment benefits; and(2)  incentive compensation related to attaining financial metrics for an executive officer whose compensation is required to be disclosed under 17 C.F.R. Section 229.402(a).(b)  When establishing a gas utility's rates, the regulatory authority shall presume that employee compensation and benefits expenses are reasonable and necessary if the expenses are consistent with market compensation studies issued not earlier than three years before the initiation of the proceeding to establish the rates.|Added by Acts 2019, 86th Leg., R.S., Ch. 1362 (H.B. 1767), Sec. 1, eff. June 15, 2019.|
TX Util § 104.101 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.101. Definition

Sec. 104.101.  DEFINITION.  In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 or 2-1/2 percent.  The term does not include an increase in rates that the regulatory authority allows to go into effect or the gas utility makes under an order of the regulatory authority after hearings held with public notice.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.102 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.102. Statement of Intent to Increase Rates

Sec. 104.102.  STATEMENT OF INTENT TO INCREASE RATES.  (a)  A gas utility may not increase its rates unless the utility files a statement of its intent with the regulatory authority that has original jurisdiction over those rates at least 35 days before the effective date of the proposed increase.(b)  The gas utility shall also mail or deliver a copy of the statement of intent to the appropriate officer of each affected municipality.(c)  The statement of intent must include:(1)  proposed revisions of tariffs and schedules;  and(2)  a detailed statement of:(A)  each proposed increase;(B)  the effect the proposed increase is expected to have on the revenues of the utility;(C)  each class and number of utility consumers affected;  and(D)  any other information required by the regulatory authority's rules and regulations.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.103 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.103. Notice of Intent to Increase Rates

Sec. 104.103.  NOTICE OF INTENT TO INCREASE RATES.  (a)  The gas utility shall:(1)  publish, in conspicuous form, notice to the public of the proposed increase once each week for four successive weeks in a newspaper having general circulation in each county containing territory affected by the proposed increase;  and(2)  provide notice of the proposed increase to any other affected person as required by the regulatory authority's rules.(b)  Instead of publishing newspaper notice, a gas utility may provide notice by:(1)  mailing the notice by United States mail, postage prepaid, to the billing address of each directly affected customer;(2)  including the notice, in conspicuous form, in the bill of each directly affected customer; or(3)  sending the notice by e-mail to each directly affected customer if that address is available to the utility.(c)  A gas utility may provide a customer with notice of the utility's intent to increase rates by e-mail as described by Subsection (b)(3) only if the customer has consented in writing to the use of the customer's e-mail address for that purpose.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 103 (S.B. 885), Sec. 1, eff. September 1, 2013.|
TX Util § 104.104 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.104. Early Effective Date of Rate Increase

Sec. 104.104.  EARLY EFFECTIVE DATE OF RATE INCREASE.  (a)  For good cause shown, the regulatory authority may allow a rate increase, other than a major change, to take effect:(1)  before the end of the 35-day period prescribed by Section 104.102;  and(2)  under conditions the regulatory authority prescribes, subject to suspension as provided by this subchapter.(b)  The gas utility shall immediately revise its schedules to include the increase.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.105 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.105. Determination of Propriety of Rate Change; Hearing

Sec. 104.105.  DETERMINATION OF PROPRIETY OF RATE CHANGE;  HEARING.  (a)  If a schedule modifying or increasing rates is filed with a regulatory authority, the regulatory authority shall, on complaint by an affected person, or may, on its own motion, not later than the 30th day after the effective date of the increase, enter on a hearing to determine the propriety of the increase.(b)  The regulatory authority shall hold a hearing in every case in which the increase constitutes a major change.  The regulatory authority may, however, use an informal proceeding if the regulatory authority does not receive a complaint before the expiration of 45 days after the date notice of the increase is filed.(c)  The regulatory authority shall give reasonable notice of the hearing, including notice to the governing body of each affected municipality and county.  The gas utility is not required to provide a formal answer or file any other formal pleading in response to the notice, and the absence of an answer does not affect an order for a hearing.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.106 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.106. Preference to Hearing

Sec. 104.106.  PREFERENCE TO HEARING.  The regulatory authority shall:(1)  give preference to the hearing under this subchapter and to deciding questions arising under this subchapter over any other question pending before it;  and(2)  decide the questions as quickly as possible.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.107 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.107. Rate Suspension; Deadline

Sec. 104.107.  RATE SUSPENSION;  DEADLINE.  (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 railroad commission may suspend the operation of the schedule for not longer than 150 days after the date the schedule would otherwise be effective.(b)  The 150-day period prescribed by Subsection (a)(2) shall be extended for two days for each day the actual hearing on the merits of the case exceeds 15 days.(c)  If the regulatory authority does not make a final determination concerning a schedule of rates before expiration of the applicable suspension period, the regulatory authority is considered to have approved the schedule.  This approval is subject to the authority of the regulatory authority thereafter to continue a hearing in progress.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 67, eff. Sept. 1, 2001.|
TX Util § 104.108 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.108. Temporary Rates

Sec. 104.108.  TEMPORARY RATES.  (a)  The regulatory authority may establish temporary rates to be in effect during the applicable suspension period under Section 104.107.(b)  If the regulatory authority does not establish temporary rates, the rates in effect when the suspended schedule was filed continue in effect during the suspension period.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.109 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.109. Bonded Rates

Sec. 104.109.  BONDED RATES.  (a)  A gas utility may put a changed rate into effect by filing a bond with the regulatory authority if the regulatory authority fails to make a final determination within 90 days from the date the proposed increase would otherwise be effective.(b)  The bonded rate may not exceed the proposed rate.(c)  The bond must be:(1)  payable to the regulatory authority in an amount, in a form, and with a surety approved by the regulatory authority;  and(2)  conditioned on refund.(d)  The gas utility shall refund or credit against future bills:(1)  money collected under the bonded rates in excess of the rate finally ordered;  and(2)  interest on that money, at the current interest rate as determined by the regulatory authority.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.110 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.110. Establishment of Final Rates

Sec. 104.110.  ESTABLISHMENT OF FINAL RATES.  (a)  If, after hearing, the regulatory authority finds the rates are unreasonable or in violation of law, the regulatory authority shall:(1)  enter an order establishing the rates the gas utility shall charge or apply for the service in question;  and(2)  serve a copy of the order on the gas utility.(b)  The rates established in the order shall be observed thereafter until changed as provided by this subtitle.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.111 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.111. Approval of Decrease in Rates

Sec. 104.111.  APPROVAL OF DECREASE IN RATES.  Notwithstanding any other provision in this subtitle, the regulatory authority may, without reference to the cost of service standard prescribed by Section 104.051, administratively approve a decrease in rates proposed by the applicant and agreed on by each party directly affected unless the regulatory authority determines that the proposed decrease is not in the public interest.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.112 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter C. Rate Changes Proposed by Utility|Section 104.112. Surcharge to Recover Relocation Costs

Sec. 104.112.  SURCHARGE TO RECOVER RELOCATION COSTS.  (a)  This section applies to a gas utility's costs of relocating a facility to accommodate construction or improvement of a highway, road, street, public way, or other public work by or on behalf of the United States, this state, a political subdivision of this state, or another entity having the power of eminent domain that are not reimbursed by a source other than as provided by this section.(b)  A gas utility may recover its relocation costs to which this section applies through a surcharge on gas volumes sold and transported to customers in the service area where the relocation occurred by applying to each appropriate regulatory authority for a new rate schedule or tariff.  The gas utility is not required to file a statement of intent to increase rates to institute the surcharge, and the other provisions of this subchapter, other than appeal rights, do not apply to institution of the surcharge.(c)  An application under Subsection (b) must include sufficient documentation to demonstrate:(1)  the requirement for each relocation;(2)  the entity requiring the relocation;(3)  costs incurred for relocation of comparable facilities;(4)  surcharge computations;  and(5)  that reasonable efforts have been made to receive reimbursement from the entity requiring the relocation, if applicable.(d)  Not later than the 35th day after the date an application under Subsection (b) is received, the regulatory authority shall administratively grant or deny the application.  Denial of the application must be based on a finding that:(1)  the relocation was not necessary or required;(2)  the costs of the relocation were excessive or not supported;(3)  the utility did not pursue reimbursement from the entity requiring the relocation, if applicable;(4)  the surcharge is unduly discriminatory among customers or classes of customers located in the service area;  or(5)  the period over which the relocation costs are designed to be recovered is less than one or more than three years.(e)  If the regulating authority does not make a decision before the deadline prescribed by Subsection (d), the application is approved.|Added by Acts 1999, 76th Leg., ch. 219, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 662, Sec. 1, eff. Sept. 1, 2001.|
TX Util § 104.151 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter D. Rate Changes Proposed by Commission|Section 104.151. Unreasonable or Violative Existing Rates

Sec. 104.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES.  (a)  If the regulatory authority, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing rates of a gas utility for a service are unreasonable or in violation of law, the regulatory authority shall:(1)  enter an order establishing the just and reasonable rates to be observed thereafter, including maximum or minimum rates;  and(2)  serve a copy of the order on the gas utility.(b)  The rates set under Subsection (a) constitute the legal rates of the gas utility until changed as provided by this subtitle.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.152 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter D. Rate Changes Proposed by Commission|Section 104.152. Investigating Costs of Obtaining Service From Another Source

Sec. 104.152.  INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE.  If a gas utility does not produce the service that it distributes, transmits, or furnishes to the public for compensation but obtains the service from another source, the regulatory authority may investigate the cost of that production in an investigation of the reasonableness of the gas utility's rates.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|