Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Longoria H.B. No. 2148
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to monitoring and regulation of electric utilities in the
1-3 provision of energy efficiency products and services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.216, Public Utility Regulatory Act of
1-6 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
1-7 to read as follows:
1-8 Sec. 2.216. DISCRIMINATION; RESTRICTION ON COMPETITION. (a)
1-9 A public utility may not discriminate against any person or
1-10 corporation that sells or leases equipment or performs services in
1-11 competition with the public utility, nor may any public utility
1-12 engage in any other practice that tends to restrict or impair such
1-13 competition.
1-14 (b) The commission shall monitor and by rule shall regulate
1-15 the relationships among utilities and the affiliates, partners, and
1-16 ventures of utilities to ensure that a utility or a utility's
1-17 affiliates, partners, and ventures do not gain an unfair advantage
1-18 over an unaffiliated person competing in the same market to provide
1-19 customers with products or services related to energy efficiency.
1-20 (c) The commission by rule shall ensure that a utility's
1-21 incentive programs or other programs related to energy efficiency
1-22 technology or services that are directly or indirectly financed by
1-23 rate payments:
1-24 (1) allow a customer freely to choose the provider of
2-1 the energy efficiency technology or service;
2-2 (2) allow a provider of energy efficiency technology
2-3 or service to determine the provider's offerings of product or
2-4 service;
2-5 (3) promote open, continuous, and transparent market
2-6 competition among all providers of energy efficiency technology or
2-7 service; and
2-8 (4) do not place a provider of energy efficiency
2-9 technology or service at a competitive disadvantage regarding
2-10 similar products or services offered by the utility.
2-11 SECTION 2. The Public Utility Commission of Texas shall
2-12 adopt rules under Section 2.216, Public Utility Regulatory Act of
2-13 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), as amended
2-14 by this Act, not later than December 31, 1997.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.