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A BILL TO BE ENTITLED
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AN ACT
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relating to the governing body of the independent organization |
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certified to manage the ERCOT power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.151, Utilities Code, is amended by |
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amending Subsections (g) and (g-1) and adding Subsection (g-2) to |
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read as follows: |
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(g) To maintain certification as an independent |
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organization under this section, an organization's governing body |
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must be composed of persons specified by this section [and selected |
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in accordance with formal bylaws or protocols of the organization. |
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The bylaws or protocols must be approved by the commission and must |
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reflect the input of the commission. The bylaws must specify the |
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process by which appropriate stakeholders elect members and, for |
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unaffiliated members, prescribe professional qualifications for |
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selection as a member. The bylaws must require the use of a |
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professional search firm to identify candidates for membership of |
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unaffiliated members. The process must allow for commission input |
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in identifying candidates]. The governing body must be composed |
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of: |
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(1) the chairman of the commission as an ex officio |
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nonvoting member; and |
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(2) eight members appointed by the governor with the |
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advice and consent of the senate, with: |
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(A) six members representing various market |
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segments; and |
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(B) two members representing consumer interests |
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[the counsellor as an ex officio voting member representing |
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residential and small commercial consumer interests; |
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[(3) the chief executive officer of the independent |
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organization as an ex officio voting member; |
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[(4) six market participants elected by their |
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respective market segments to serve one-year terms, with: |
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[(A) one representing independent generators; |
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[(B) one representing investor-owned utilities; |
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[(C) one representing power marketers; |
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[(D) one representing retail electric providers; |
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[(E) one representing municipally owned |
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utilities; and |
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[(F) one representing electric cooperatives; |
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[(5) one member representing industrial consumer |
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interests and elected by the industrial consumer market segment to |
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serve a one-year term; |
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[(6) one member representing large commercial |
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consumer interests selected in accordance with the bylaws to serve |
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a one-year term; and |
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[(7) five members unaffiliated with any market segment |
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and selected by the other members of the governing body to serve |
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three-year terms]. |
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(g-1) The governor shall select a presiding officer of the |
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governing body from among its members [of the governing body must be |
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one of the members described by Subsection (g)(7)]. |
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(g-2) Members of the governing body of an independent |
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organization certified under this section serve staggered terms of |
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four years, with four members' terms expiring February 1 of each |
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odd-numbered year. Not later than the 30th day after the date a |
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member of the governing body's term expires, the governor shall |
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appoint a replacement in the same manner as the original |
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appointment. If a vacancy occurs on the governing body, the |
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governor shall appoint a successor in the same manner as the |
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original appointment to serve for the remainder of the unexpired |
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term. The governor shall appoint the successor not later than the |
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30th day after the date the vacancy occurs. |
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SECTION 2. (a) Not later than December 1, 2021, the |
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governor shall comply with Section 39.151, Utilities Code, as |
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amended by this Act, by appointing members to the governing body of |
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an independent organization certified under Section 39.151, |
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Utilities Code, by the Public Utility Commission of Texas before |
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September 1, 2021. To establish staggered terms, the governor |
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shall designate four initial appointees to serve terms expiring |
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February 1, 2023, and four initial appointees to serve terms |
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expiring February 1, 2025. |
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(b) After September 1, 2022, the Public Utility Commission |
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of Texas may decertify an independent organization whose governing |
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body does not comply with Section 39.151, Utilities Code, as |
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amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |