S.B. No. 1227
                                        AN ACT
    1-1  relating to the regulation of electric cooperative corporations.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subtitle E, Title II, Public Utility Regulatory
    1-4  Act of 1995, as enacted by S.B. No. 319, Acts of the 74th
    1-5  Legislature, Regular Session, 1995, is amended by adding Section
    1-6  2.2011 to read as follows:
    1-7        Sec. 2.2011.  COOPERATIVE CORPORATIONS.  (a)  An electric
    1-8  cooperative corporation that provides retail electric utility
    1-9  service at distribution voltage is exempt from rate regulation if a
   1-10  majority of the members voting in an election on the deregulation
   1-11  of the electric cooperative vote to approve the exemption and the
   1-12  electric cooperative sends notice of the action to each applicable
   1-13  regulatory authority.  An electric cooperative that wants to hold
   1-14  an election under this section shall send a ballot by mail to each
   1-15  electric cooperative member.  The electric cooperative may include
   1-16  the ballot in a monthly billing.  The ballot shall provide for
   1-17  voting for or against rate deregulation of the electric
   1-18  cooperative.  If the proposition is approved, the electric
   1-19  cooperative shall send each ballot to the commission not later than
   1-20  the 10th day after the date the electric cooperative counts the
   1-21  ballots.  Based on the ballots received, the commission shall
   1-22  administratively certify that the electric cooperative is or is not
   1-23  deregulated for ratemaking purposes.  An electric cooperative may
   1-24  not hold another election on the issue of being exempt from rate
    2-1  regulation before the first anniversary of the most recent election
    2-2  on the issue.  Subsections (b) through (n) of this section apply to
    2-3  an electric cooperative that has elected to be exempt from rate
    2-4  regulation.
    2-5        (b)  No regulatory authority shall fix and regulate the rates
    2-6  of an electric cooperative that has made an election under this
    2-7  section to be exempt from rate regulation except as provided for
    2-8  the commission in Subsections (g) and (i) of this section.
    2-9  Notwithstanding Section 2.101(a) of this Act, the commission has
   2-10  exclusive original jurisdiction in all of the electric
   2-11  cooperative's service area in a proceeding initiated under
   2-12  Subsection (g) or (i) of this section.
   2-13        (c)  An electric cooperative may change its rates by:
   2-14              (1)  adopting a resolution approving the proposed
   2-15  change;
   2-16              (2)  mailing notice of the proposed change to:
   2-17                    (A)  the commission;
   2-18                    (B)  each affected municipality;
   2-19                    (C)  each affected customer, which notice may be
   2-20  included in a monthly billing; and
   2-21                    (D)  each electric utility providing retail
   2-22  service in the electric cooperative's service area or in the
   2-23  adjoining service area; and
   2-24              (3)  making available at each of the electric
   2-25  cooperative's business offices for review by all interested persons
   2-26  a cost-of-service study that:
   2-27                    (A)  is not more than five years old at the time
    3-1  the electric cooperative adopts rates under this subsection; and
    3-2                    (B)  bears the certification of a professional
    3-3  engineer or certified public accountant.
    3-4        (d)(1)  The notice required by Subsection (c) of this section
    3-5  must contain the following information:
    3-6                    (A)  the increase or decrease in total operating
    3-7  revenues over actual test year revenues or over test year revenues
    3-8  adjusted to annualize the recovery of changes in the cost of
    3-9  purchased electricity, stated both as a dollar amount and as a
   3-10  percentage;
   3-11                    (B)  the classes of utility customers affected
   3-12  and the creation and application of any new rate classes;
   3-13                    (C)  the increase or decrease for each class
   3-14  stated as a percentage of actual test year revenues for the class
   3-15  or of test year revenues for the class adjusted to annualize the
   3-16  recovery of changes in the cost of purchased electricity;
   3-17                    (D)  a statement that the commission may review
   3-18  the rate change if the commission receives a petition within 60
   3-19  days in accordance with Subsection (g) of this section;
   3-20                    (E)  the address and telephone number of the
   3-21  commission;
   3-22                    (F)  a statement that a customer opposed to the
   3-23  rate change should notify the electric cooperative in writing of
   3-24  the person's opposition and should provide a return address; and
   3-25                    (G)  a statement that members may review a copy
   3-26  of any written opposition the electric cooperative receives.
   3-27              (2)  The electric cooperative may not be required to
    4-1  include additional information in the notice.
    4-2        (e)  The electric cooperative shall make available for review
    4-3  by a member of the cooperative at each of the electric
    4-4  cooperative's business offices a copy of any written opposition to
    4-5  the rate change the electric cooperative receives.
    4-6        (f)  The electric cooperative shall file tariffs with the
    4-7  commission.  If the electric cooperative complies with Subsection
    4-8  (c) of this section, the commission shall approve the tariffs not
    4-9  later than the 10th day after the 60-day period prescribed by
   4-10  Subsection (g) of this section expires unless a review is required
   4-11  under Subsection (g) or (i) of this section.  If the tariffs are
   4-12  approved or if a review is not required and the commission fails to
   4-13  act during the period prescribed by this subsection, the change in
   4-14  rates takes effect on the 70th day after the date on which the
   4-15  electric cooperative first complies with all requirements of
   4-16  Subsection (c) of this section or on a later date determined by the
   4-17  electric cooperative.  Except as provided by Subsections (g) and
   4-18  (i) of this section, the rates of the electric cooperative are not
   4-19  subject to review.
   4-20        (g)  The commission shall review a change in rates under this
   4-21  section if, not later than the 60th day after the date the electric
   4-22  cooperative first complies with all requirements of Subsection (c)
   4-23  of this section, the commission receives a petition requesting
   4-24  review signed by:
   4-25              (1)  at least 10 percent of the members of the electric
   4-26  cooperative;
   4-27              (2)  members of the electric cooperative who purchased
    5-1  more than 50 percent of the electric cooperative's annual energy
    5-2  sales to a customer class in the test year, provided that the
    5-3  petition includes a certification of the purchases; or
    5-4              (3)  an executive officer of an affected electric
    5-5  utility, provided that the petition prescribes the particular class
    5-6  or classes for which a review is requested.
    5-7        (h)  When a person files a petition under Subsection (g) of
    5-8  this section, the person shall notify the electric cooperative in
    5-9  writing of the action.
   5-10        (i)  The commission may on its own motion review the rates of
   5-11  an electric cooperative if the commission first finds that there is
   5-12  good cause to believe that the electric cooperative is earning more
   5-13  than a reasonable return on overall system revenues or on revenue
   5-14  from a rate class.
   5-15        (j)  The commission shall conduct a review under Subsection
   5-16  (g)(1) or (2) of this section or under Subsection (i) of this
   5-17  section in accordance with Section 2.212 of this Act and the other
   5-18  applicable rate-setting principles of this subtitle, except that:
   5-19              (1)  the period for review does not begin until the
   5-20  electric cooperative files a rate-filing package as required by
   5-21  commission rules;
   5-22              (2)  the proposed change may not be suspended during
   5-23  the pendency of the review; however, the electric cooperative shall
   5-24  refund or credit against future bills all sums collected in excess
   5-25  of the rate finally set by the commission, if the commission so
   5-26  orders; and
   5-27              (3)  the electric cooperative shall observe the rates
    6-1  set by the commission until the rates are changed as provided by
    6-2  this section or by other sections of this Act.
    6-3        (k)  For a review conducted under Subsection (g)(3) of this
    6-4  section, the electric cooperative shall file with the commission a
    6-5  copy of the cost-of-service study required under Subsection (c)(3)
    6-6  of this section not later than the 10th day after the date the
    6-7  electric cooperative receives from the affected electric utility
    6-8  notice that a petition has been filed.  The commission shall
    6-9  determine for each class for which review has been requested the
   6-10  annual cost of providing service to the class, as stated in the
   6-11  electric cooperative's cost-of-service study, and the revenues for
   6-12  the class that would be produced by multiplying the rate set by the
   6-13  electric cooperative by the annual billing units for the class, as
   6-14  stated in the cost-of-service study.  If the electric cooperative
   6-15  proposes a rate class solely for a new customer, the electric
   6-16  cooperative shall estimate the reasonable annual cost of providing
   6-17  service to the class, and the electric cooperative shall base class
   6-18  revenues on reasonable estimates of billing units.
   6-19        (l)  The rate for each class for which review has been
   6-20  requested under Subsection (g)(3) of this section is suspended
   6-21  during the pendency of the review.  The commission shall dismiss
   6-22  the petition and approve the rates if the revenues for the class
   6-23  are equal to or greater than the cost of providing service to the
   6-24  class.  The commission shall disapprove the rate if the revenues
   6-25  for the class are less than the cost of providing service to the
   6-26  class; however, this action does not affect reconsideration of the
   6-27  rate as a part of any subsequent ratemaking proceeding.  The rate
    7-1  adopted by the electric cooperative is deemed approved and may be
    7-2  placed into effect if the commission fails to make its final
    7-3  determination administratively not later than the 45th day after
    7-4  the date the electric cooperative files its cost-of-service study.
    7-5        (m)  Except as provided by Subsection (a) of this section,
    7-6  the members of an electric cooperative may at any time revoke the
    7-7  electric cooperative's election to be exempt from rate regulation
    7-8  or elect to again be exempt from rate regulation by majority vote
    7-9  of the members voting.
   7-10        (n)  This section does not affect the application of other
   7-11  provisions of this Act not directly related to rates or to the
   7-12  authority of the commission to require an electric cooperative to
   7-13  file reports required under this Act or rules adopted by the
   7-14  commission.  A service fee or a service rule or regulation set by
   7-15  the electric cooperative under this section must comply with
   7-16  commission rules applicable to all electric utilities.  The
   7-17  commission may determine whether an electric cooperative has
   7-18  unlawfully charged, collected, or received a rate for electric
   7-19  utility service.
   7-20        (o)  A single customer may seek a review of the rates of an
   7-21  electric cooperative pursuant to Section 2.211 of this Act if the
   7-22  customer consumes more than 250,000,000 kwh and purchases more than
   7-23  10 percent of the total energy sales or more than 7-1/2 percent of
   7-24  the total revenues of the electric cooperative in any period of 12
   7-25  consecutive months within the 36 months preceding the date on which
   7-26  that customer initiates a proceeding under Section 2.211 of this
   7-27  Act.  The rights under this subsection shall be in addition to
    8-1  rights that a customer has under Subsection (g) of this section,
    8-2  and not in limitation or in lieu of rights under Subsection (g) of
    8-3  this section.
    8-4        (p)  An electric cooperative that has elected to be exempt
    8-5  from rate regulation may by resolution adopt retail tariffs or
    8-6  contracts containing charges that are less than average embedded
    8-7  cost retail rates but equal to or greater than the cooperative's
    8-8  marginal cost.  The standards of Section 2.052 of this Act, rather
    8-9  than other standards in this section, shall be applied in reviewing
   8-10  rates adopted pursuant to this subsection, however, the
   8-11  cooperative's marginal cost shall be the lowest marginal cost of
   8-12  any of the cooperative's wholesale power suppliers.
   8-13        SECTION 2.  The importance of this legislation and the
   8-14  crowded condition of the calendars in both houses create an
   8-15  emergency and an imperative public necessity that the
   8-16  constitutional rule requiring bills to be read on three several
   8-17  days in each house be suspended, and this rule is hereby suspended,
   8-18  and that this Act take effect and be in force from and after its
   8-19  passage, and it is so enacted.