88R283 JXC-D     By: Johnson S.B. No. 2110       A BILL TO BE ENTITLED   AN ACT   relating to the provision of natural gas by and rates charged by   certain gas utilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 104.003, Utilities Code, is amended by   adding Subsections (f) and (g) to read as follows:          (f)  Subsection (b)(1) does not apply to a gas utility when:                (1)  the gas utility is providing service to a customer   whose facilities are connected to the facilities of only one gas   utility; and                (2)  all other gas utilities providing service at a   location that is less than five miles from the location where the   service is provided are incapable of serving all of the customer's   natural gas requirements at the level of service needed by the   customer at that location.          (g)  A gas utility may establish a rebuttable presumption   that a gas transportation rate meets the requirements of Subsection   (b)(2) by filing with the regulatory authority executed agreements   containing the gas transportation rates for two or more similarly   situated customers of the gas utility. An executed agreement filed   with a regulatory authority under this section is not confidential   and is public information under Chapter 552, Government Code.          SECTION 2.  Section 104.151, Utilities Code, is amended by   adding Subsections (c) and (d) to read as follows:          (c)  If a transmission pipeline purchaser of gas sold or   transported under a pipeline-to-pipeline or transportation rate   files a complaint with the railroad commission about the rate and   requests that the railroad commission set an interim rate while the   complaint is pending, the railroad commission shall set an interim   rate that the gas utility must apply to the complainant for the   service in question until the date the railroad commission enters   an order establishing the rate to be charged or otherwise disposing   of the complaint. The interim rate must provide the gas utility the   opportunity to avoid confiscation during the period beginning on   the date the complaint is filed and ending on the date the railroad   commission enters an order establishing the rate to be charged or   otherwise disposing of the complaint.          (d)  A gas utility may not retaliate against a customer for   filing a complaint related to pipeline-to-pipeline or   transportation rates.          SECTION 3.  Section 121.303, Utilities Code, is amended to   read as follows:          Sec. 121.303.  PENALTY AND DAMAGES RECOVERABLE FOR [BY   VICTIM OF] DISCRIMINATION. (a) A penalty of not less than $100 and   not more than $1,000 for each violation is and compensatory damages   proximately caused by the discriminatory conduct are recoverable by   any person against whom discrimination prohibited by Section   121.104 is committed.          (b)  An action [A suit] to collect a penalty or damages under   this section must be brought in the name of and for the benefit of   the person aggrieved.          (c)  A person who recovers a penalty or damages under this   section is also entitled to reasonable attorney's fees.          (d)  The penalty authorized under this section is in addition   to a penalty under Section 121.302.          (e)  Discriminatory conduct prohibited by Section 121.104 is   grounds for action under Section 17.47, 17.58, 17.60, or 17.61,   Business & Commerce Code, by the consumer protection division of   the office of the attorney general.          SECTION 4.  Section 121.303, Utilities Code, as amended by   this Act, applies only to a cause of action that accrues on or after   the effective date of this Act.          SECTION 5.  This Act takes effect September 1, 2023.