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Susan Combs  •  Texas Comptroller of Public Accounts

Miscellaneous Expenditures — Utility Services
Gas Utilities

Advance payments

A gas utility or a municipally owned utility may not require a state agency or institution to pay for service before the service is provided.

However, the utility may enter into an agreement with a state agency to establish a level or average monthly service billing plan. The agreement must require quarterly reconciliation of the leveled or equalized bills.

Definitions:

Gas utility
Has the meaning assigned by the Texas Utilities Code Section 101.003(7).
Municipally owned utility
A utility owned, operated and controlled by a municipality or by a nonprofit corporation, the directors of which are appointed by one or more municipalities.
Service
Has the meaning assigned by the Texas Utilities Code Section 101.003(14).
State agency
Has the meaning assigned by Texas Government Code Section 572.002(10) to the extent the agency must obtain the approval described by Texas Natural Resources Code Section 31.401(a).

Sources [+]

Texas Utilities Code Sections 101.003(7)–(8),(14)–(15), 104.255(a),(c).

Certain assessments

The rates a gas utility or a municipally owned utility charges a state agency may not include an amount representing a:

  • Gross receipts assessment,
  • Regulatory assessment, or
  • Similar expense of the utility.

Definitions:

Gas utility
Has the meaning assigned by the Texas Utilities Code Section 101.003(7).
Municipally owned utility
A utility owned, operated and controlled by a municipality or by a nonprofit corporation, the directors of which are appointed by one or more municipalities.
State agency
Has the meaning assigned by Texas Government Code Section 572.002(10) to the extent the agency must obtain the approval described by Texas Natural Resources Code Section 31.401(a).

Sources [+]

Texas Utilities Code Sections 101.003(7)–(8),(15), 104.202(a).

Late payments

The Railroad Commission of Texas is required to adopt rules on the payment of bills by a state agency to a gas utility or a municipally owned utility. The rules must be consistent with the prompt payment law.

Definitions:

Gas utility
Has the meaning assigned by the Texas Utilities Code Section 101.003(7).
Municipally owned utility
A utility owned, operated and controlled by a municipality or by a nonprofit corporation, the directors of which are appointed by one or more municipalities.
State agency
Has the meaning assigned by Texas Government Code Section 572.002(10) to the extent the agency must obtain the approval described by Texas Natural Resources Code Section 31.401(a).

Sources [+]

Texas Utilities Code Section 101.003(7)–(8),(15), Section 104.255(b).

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Susan Combs
Texas Comptroller of Public Accounts
Questions? Contact statewide.accounting@cpa.state.tx.us
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