By Kubiak H.B. No. 737 75R3959 DWS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to resale of certain electric power. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title II, Public Utility Regulatory 1-5 Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is 1-6 amended by adding Section 2.058 to read as follows: 1-7 Sec. 2.058. RESALE OF FIRM POWER. Notwithstanding any law 1-8 to the contrary, a person that purchases firm power from a public 1-9 utility by a contract with a term of 10 years or more, in an amount 1-10 of 350 megawatts or more of capacity, and at a price based on the 1-11 cost of a specific power plant of that utility may resell the power 1-12 to any other person, other than a person served by an electric 1-13 cooperative corporation or a municipally owned utility, without 1-14 becoming subject to any rate or licensing regulatory requirements. 1-15 The reseller is entitled to delivery of the resold power by any 1-16 public utility to the reseller's customer over the utility's 1-17 transmission and distribution lines on rates, terms, and conditions 1-18 that are agreed to by the reseller and utility or, absent this 1-19 agreement, that are just, reasonable, nondiscriminatory, and 1-20 reasonably comparable to the rates, terms, and conditions provided 1-21 by the public utility under Sections 2.056 and 2.057 of this Act. 1-22 SECTION 2. The importance of this legislation and the 1-23 crowded condition of the calendars in both houses create an 1-24 emergency and an imperative public necessity that the 2-1 constitutional rule requiring bills to be read on three several 2-2 days in each house be suspended, and this rule is hereby suspended, 2-3 and that this Act take effect and be in force from and after its 2-4 passage, and it is so enacted.