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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of electricity service in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.101(b), Utilities Code, is amended to |
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read as follows: |
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(b) A customer is entitled: |
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(1) to be informed about rights and opportunities in |
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the transition to a competitive electric industry; |
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(2) to choose the customer's retail electric provider |
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consistent with this chapter, to have that choice honored, and to |
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assume that the customer's chosen provider will not be changed |
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without the customer's informed consent; |
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(3) to have access to providers of energy efficiency |
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services, to on-site distributed generation, and to providers of |
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energy generated by renewable energy resources; |
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(4) to be served by a provider of last resort that |
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offers a commission-approved standard service package; |
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(5) to receive sufficient information to make an |
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informed choice of service provider; |
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(6) to be protected from unfair, misleading, or |
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deceptive practices, including protection from being billed for |
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services that were not authorized or provided; [and] |
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(7) to have an impartial and prompt resolution of |
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disputes with its chosen retail electric provider and transmission |
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and distribution utility; |
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(8) to participation in demand response programs |
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through retail electric providers and demand response providers; |
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and |
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(9) to receive notice from the retail electric |
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provider that serves the customer: |
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(A) when the independent organization certified |
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under Section 39.151 for the ERCOT power region issues an emergency |
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energy alert about low operating reserves to providers of |
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generation in the power region; or |
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(B) of imminent rolling outages and the length of |
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time the outages are planned or expected to last. |
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SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.918 to read as follows: |
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Sec. 39.918. RESIDENTIAL DEMAND RESPONSE PROGRAM. (a) The |
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commission by rule shall require each retail electric provider in |
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the ERCOT power region to create a residential demand response |
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program to reduce the average total residential load by at least: |
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(1) one percent of peak summer and winter demand by |
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December 31, 2022; |
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(2) two percent of peak summer and winter demand by |
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December 31, 2023; |
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(3) three percent of peak summer and winter demand by |
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December 31, 2024; and |
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(4) five percent of peak summer and winter demand by |
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December 31, 2025. |
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(b) The rules must: |
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(1) ensure that demand response participation is |
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reasonably available to residential customers; |
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(2) promote the use of smart metering technology; |
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(3) ensure that demand response programs are capable |
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of responding to an emergency energy alert about low operating |
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reserves issued by the independent organization certified under |
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Section 39.151 for the ERCOT power region; |
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(4) provide opportunities for demand response |
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providers to contract with retail electric providers to provide |
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demand response services; and |
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(5) ensure the program does not impact the critical |
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needs of vulnerable populations. |
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SECTION 3. Subchapter A, Chapter 186, Utilities Code, is |
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amended by adding Section 186.008 to read as follows: |
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Sec. 186.008. TRANSMISSION OUTAGE PLAN. (a) In this |
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section, "commission" means the Public Utility Commission of Texas. |
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(b) The commission by rule shall require all electric |
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utilities, as defined by Section 31.002, municipally owned |
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utilities, and electric cooperatives that own transmission and |
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distribution assets in this state to file and implement an outage |
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plan that includes a plan for shutting off customer access to |
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electricity in the event of the need for rolling outages to prevent |
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brown-outs and black-outs. The rules must: |
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(1) require the utility or cooperative to update the |
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plan annually; |
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(2) share the plan with the independent system |
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operator, as defined by Section 31.002, for the area in which the |
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utility or cooperative operates; and |
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(3) require the utility or cooperative to make the |
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plan publicly available. |
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(c) The commission may require an electric utility, |
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municipally owned utility, or electric cooperative subject to this |
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section to file an updated transmission outage plan if the |
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commission finds that a transmission outage plan on file does not |
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contain adequate information. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |