By Patterson S.B. No. 1373 75R3197 CBH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the sale of electric energy by qualifying cogenerators. 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. SALE OF ELECTRIC ENERGY BY QUALIFYING 1-8 COGENERATOR. (a) Notwithstanding any law to the contrary, a 1-9 qualifying cogenerator may sell electric energy to any person 1-10 without becoming subject to any rate or licensing regulatory 1-11 requirements if the person to whom the sale is made: 1-12 (1) is located within five miles of the cogenerator; 1-13 and 1-14 (2) is not an individual. 1-15 (b) The qualifying cogenerator is entitled to delivery of 1-16 the electric energy sold under Subsection (a) of this section by 1-17 any electric utility to the cogenerator's customers over the 1-18 utility's transmission and distribution lines on rates, terms, and 1-19 conditions that are: 1-20 (1) agreed to by the cogenerator and the utility; or 1-21 (2) reasonably comparable to the rates, terms, and 1-22 conditions provided by the utility under Sections 2.056 and 2.057 1-23 of this Act, if the cogenerator and utility cannot reach an 1-24 agreement. 2-1 SECTION 2. The importance of this legislation and the 2-2 crowded condition of the calendars in both houses create an 2-3 emergency and an imperative public necessity that the 2-4 constitutional rule requiring bills to be read on three several 2-5 days in each house be suspended, and this rule is hereby suspended, 2-6 and that this Act take effect and be in force from and after its 2-7 passage, and it is so enacted.