Sec. 13.188.  ADJUSTMENT FOR CHANGE IN ENERGY COSTS.  (a)  Notwithstanding any other provision in this chapter, the utility commission by rule shall adopt a procedure allowing a utility to file with the utility 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 utility commission, by rule, shall require the pass through of documented decreases in energy costs within a reasonable time.  The pass through, whether a decrease or increase, shall be implemented on no later than an annual basis, unless the utility 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 utility commission shall hold an uncontested public meeting:
(1)  on the request of a member of the legislature who represents the area served by the water and sewer utility; or
(2)  if the utility commission determines that there is substantial public interest in the matter.
(c)  A proceeding under this section is not a rate case and Sections 13.187, 13.1871, and 13.1872 do not apply.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.07, eff. September 1, 2007.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.41, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 41, eff. September 1, 2013.