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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosure under the public information law of |
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information related to a competitive matter involving the provision |
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of cable, Internet, or broadband services by a public power |
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utility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 552.133(a), (a-1), and (b-1), |
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Government Code, are amended to read as follows: |
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(a) In this section: |
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(1) "Broadband service" has the meaning assigned by |
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Section 181.048, Utilities Code. |
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(2) "Public [, "public] power utility" means an entity |
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providing electric or gas utility services that is subject to the |
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provisions of this chapter. |
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(a-1) For purposes of this section, "competitive matter" |
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means a utility-related matter, including a cable, Internet, or |
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broadband service matter, that is related to the public power |
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utility's competitive activity, including commercial information, |
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and would, if disclosed, give advantage to competitors or |
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prospective competitors. The term: |
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(1) means a matter that is reasonably related to the |
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following categories of information: |
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(A) generation unit specific and portfolio fixed |
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and variable costs, including forecasts of those costs, capital |
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improvement plans for generation units, and generation unit |
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operating characteristics and outage scheduling; |
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(B) bidding and pricing information for |
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purchased power, generation and fuel, and Electric Reliability |
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Council of Texas bids, prices, offers, and related services and |
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strategies; |
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(C) effective fuel and purchased power |
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agreements and fuel transportation arrangements and contracts; |
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(D) risk management information, contracts, and |
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strategies, including fuel hedging and storage; |
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(E) plans, studies, proposals, and analyses for |
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system improvements, additions, or sales, other than transmission |
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and distribution system improvements inside the service area for |
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which the public power utility is the sole certificated retail |
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provider; and |
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(F) customer billing, contract, and usage |
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information, electric power pricing information, system load |
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characteristics, and electric power marketing analyses and |
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strategies; [and] |
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(2) means a matter reasonably related to information |
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involving the provision of cable, Internet, or broadband services |
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by a public power utility, including: |
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(A) a capital improvement plan; |
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(B) an expense related to the installation of a |
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facility to provide those services; |
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(C) bidding and pricing information for |
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installation of the facility; |
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(D) risk management information, contracts, and |
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strategies; |
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(E) plans, studies, proposals, and analyses for: |
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(i) system improvements, additions, or |
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sales; or |
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(ii) establishing pricing for providing |
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those services; and |
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(F) customer billing, contract, and usage |
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information; and |
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(3) does not include the following categories of |
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information: |
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(A) information relating to the provision of |
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distribution access service, including the terms and conditions of |
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the service and the rates charged for the service but not including |
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information concerning utility-related services or products that |
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are competitive; |
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(B) information relating to the provision of |
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transmission service that is required to be filed with the Public |
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Utility Commission of Texas, subject to any confidentiality |
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provided for under the rules of the commission; |
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(C) information for the distribution system |
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pertaining to reliability and continuity of service, to the extent |
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not security-sensitive, that relates to emergency management, |
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identification of critical loads such as hospitals and police, |
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records of interruption, and distribution feeder standards; |
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(D) any substantive rule or tariff of general |
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applicability regarding rates, service offerings, service |
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regulation, customer protections, or customer service adopted by |
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the public power utility as authorized by law; |
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(E) aggregate information reflecting receipts or |
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expenditures of funds of the public power utility, of the type that |
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would be included in audited financial statements; |
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(F) information relating to equal employment |
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opportunities for minority groups, as filed with local, state, or |
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federal agencies; |
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(G) information relating to the public power |
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utility's performance in contracting with minority business |
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entities; |
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(H) information relating to nuclear |
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decommissioning trust agreements, of the type required to be |
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included in audited financial statements; |
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(I) information relating to the amount and timing |
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of any transfer to an owning city's general fund; |
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(J) information relating to environmental |
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compliance as required to be filed with any local, state, or |
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national environmental authority, subject to any confidentiality |
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provided under the rules of those authorities; |
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(K) names of public officers of the public power |
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utility and the voting records of those officers for all matters |
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other than those within the scope of a competitive resolution |
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provided for by this section; |
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(L) a description of the public power utility's |
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central and field organization, including the established places at |
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which the public may obtain information, submit information and |
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requests, or obtain decisions and the identification of employees |
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from whom the public may obtain information, submit information or |
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requests, or obtain decisions; |
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(M) information identifying the general course |
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and method by which the public power utility's functions are |
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channeled and determined, including the nature and requirements of |
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all formal and informal policies and procedures; |
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(N) salaries and total compensation of all |
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employees of a public power utility; |
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(O) information publicly released by the |
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Electric Reliability Council of Texas in accordance with a law, |
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rule, or protocol generally applicable to similarly situated market |
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participants; or |
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(P) information related to a chilled water |
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program, as defined by Section 11.003, Utilities Code. |
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(b-1) Notwithstanding any contrary provision of Subsection |
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(b), information or records of a municipally owned utility or |
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municipality that operates a chilled water program are subject to |
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disclosure under this chapter if the information or records are |
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reasonably related to: |
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(1) a municipally owned utility's rate review process; |
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(2) the method a municipality or municipally owned |
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utility uses to set rates for retail electric service; or |
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(3) the method a municipality or municipally owned |
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utility uses to set rates for a chilled water program described by |
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Subsection (a-1)(3)(P) [(a-1)(2)(P)]. |
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SECTION 2. Section 552.133, Government Code, as amended by |
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this Act, applies only to a request for public information received |
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by a governmental body or an officer for public information on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |