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A BILL TO BE ENTITLED
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AN ACT
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relating to the auditing of an electric cooperative or municipally |
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owned electric utility by an independent third party auditor after |
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a power outage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 38, Utilities Code, is |
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amended by adding Section 38.053 to read as follows: |
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Sec. 38.053. ELECTRIC COOPERATIVE; AUDIT REQUIRED. (a) In |
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this section, "extended power outage" means a power outage lasting |
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five days or more. |
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(b) The resiliency of the system of an electric cooperative |
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must be audited by an independent third party auditor if an extended |
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power outage affects 10 percent or more of its retail customers. |
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(c) The board of directors of an electric cooperative shall |
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contract with an independent third party auditor that meets the |
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professional certifications established by the commission under |
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Subsection (d) to perform the audit described by Subsection (b). |
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(d) The commission by rule shall establish the professional |
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certifications an independent third party auditor must have to |
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perform the audit described by Subsection (b) and the information |
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the audit must examine. |
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(e) After an audit under this section is completed, the |
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electric cooperative shall make the audit report publicly |
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available. |
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SECTION 2. Subchapter Z, Chapter 552, Local Government |
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Code, is amended by adding Section 552.9021 to read as follows: |
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Sec. 552.9021. MUNICIPALLY OWNED ELECTRIC UTILITY; AUDIT |
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REQUIRED. (a) In this section: |
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(1) "Extended power outage" means a power outage |
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lasting five days or more. |
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(2) "Retail customer" has the meaning assigned by |
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Section 31.002, Utilities Code. |
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(b) The resiliency of a municipally owned electric utility |
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system must be audited by an independent third party auditor if an |
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extended power outage affects 10 percent or more of its retail |
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customers. |
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(c) The governing body of the municipality that owns the |
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utility shall contract with an independent third party auditor to |
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perform the audit described by Subsection (b). |
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(d) The independent third party auditor must have the |
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professional certifications required under and perform the audit in |
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the manner required under Section 38.053(d), Utilities Code. |
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(e) After an audit under this section is completed, the |
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municipality that owns the utility shall make the audit report |
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publicly available. |
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SECTION 3. This Act takes effect September 1, 2023. |