SRC-JBJ C.S.S.B. 7 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 7
By: Sibley
Electric Utility Restructuring
3/10/1999
Committee Report (Substituted)


DIGEST 

Currently, the Public Utility Regulatory Act of 1995 (Act) authorizes the
Public Utility Commission (PUC) to regulate the electricity market and
ensure that only one electric energy provider serves each area of the
state.  This bill amends the Act by deregulating the electricity generation
market and permitting providers to compete for customers who choose their
electricity supplier in competitive areas. This bill also authorizes the
PUC to develop and promulgate customer protection rules during and after a
transition to a competitive market.   

PURPOSE

As proposed, C.S.S.B. 7 restructures electric utility service.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Public Utility Commission in
SECTIONS 31, 33, and 35 (Sections 38.005(a), 39.101(c), 39.155(a),
39.157(e), 39.262(h), 39.601(g), 41.003(a), Utilities Code); the
commissioner of education in SECTION 33 (Section 39.601(g), Utilities
Code); and to the comptroller of public accounts in SECTION 33 (Sec.
39.601(g), Utilities Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.003, Utilities Code, to redefine"affected
person," "cooperative corporation," "person," "ratemaking proceeding," and
"service."  Defines "electric cooperative." Makes conforming changes. 

SECTION 2.  Amends Section 12.005, Utilities Code, to provide a Texas
Sunset Act review of the Public Utility Commission (PUC) by September 1,
2005, rather than 2001. 

SECTION 3.  Amends Section 12.101, Utilities Code, to designate whom the
commission shall employ. 

SECTION 4.  Amends Sections 12.151 and 12.152, Utilities Code, to prohibit
a person from serving as a commissioner, rather than a commissioner or
general counsel to the commission, when the person has been involved in
certain activities.  Makes conforming changes.   

SECTION 5.  Amends Section 13.002, Utilities Code, to provide that the
Office of Public Utility Counsel is subject to Chapter 325, Government Code
(Texas Sunset Act), and is abolished along with this chapter on September
1, 2005, rather than 2001. 

SECTION 6.  Amends Subsection (d), Section 14.101, Utilities Code, provide
that this section does not apply to transactions that facilitate
unbundling, asset valuation, minimization of ownership or control of
generation assets, or other purposes consistent with Chapter 39. 

SECTION 7.  Amends Subsections (a) and (b), Section 16.001, Utilities Code,
to impose an assessment on each retail electric provider and electric
cooperative, to defray administrative expenses.  Provides that an
assessment is equal to one-sixth of one percent of the public utility's,
retail electric provider's, or electric cooperative's gross receipts from
certain rates. 

SECTION 8.  Amends Section 31.002, Utilities Code, to define "affiliated
power generation company," "affiliated retail electric provider,"
"aggregation," "customer choice," "Electric Reliability Council of Texas,"
"ERCOT," "freeze period," "independent system operator," "power generation
company,"  "power region," "retail customer," "retail electric provider,"
"separately metered," and "transmission and distribution utility."
Redefines "electric utility," "qualifying cogenerator," and "qualifying
small power producer."  Makes conforming changes. 

SECTION 9.  Amends Chapter 32A, Utilities Code, by adding Section 32.0015,
as follows: 

Sec. 32.0015.  REGULATION OF SUCCESSOR ELECTRIC UTILITY OR ELECTRIC
COOPERATIVE.  Requires the PUC to regulate an electric utility that
purchases or gains majority control of another electric utility or electric
cooperative cooperation. 

SECTION 10.  Amends Sections 32.051 and 32.052, Utilities Code, as follows:

Sec. 35.051.  EXEMPTION OF RIVER AUTHORITY FROM WHOLESALE RATE REGULATION.
Exempts a river authority from wholesale rate regulation by a river
authority operating a steam generating plant on or before January 1, 1999.

Sec. 35.052.  ABILITY OF CERTAIN RIVER AUTHORITIES TO CONSTRUCT
IMPROVEMENTS.  Makes a conforming change. 

SECTION 11.  Amends Section 32.053, Utilities Code, by amending Subsections
(b) and (f), and adding Subsection (g) and (h), to authorize a corporation
to purchase and sell electricity at wholesale prices to an in-state,
non-ultimate customer.  Prohibits the proceeds from tax-free obligations
from being used to finance construction or acquisition of a power
generation facility.  Authorizes the board of directors of a river
authority to transfer any part of their electric generation property to a
nonprofit corporation.  Requires the property transfer to be made pursuant
to approved terms and conditions by the river authority board.  Provides
that Subsections (a)-(f) do not apply to a corporation created pursuant to
Article 717b, V.T.C.S., to serve an area described in Section 32.052. 

SECTION 12.  Amends Section 35.001, Utilities Code, to redefine "electric
utility." 

SECTION 13.  Amends Section 35.004, Utilities Code, to require a
transmission and distribution utility to provide at-cost wholesale
transmission service.  Requires the PUC to ensure an electric utility or
transmission and distribution utility provides wholesale transmission
service to power generation companies, retail electric providers, and other
transmission and distribution facilities.  Requires the PUC to ensure the
utility recovers reasonable costs in providing wholesale transmission
services, when an electric utility, electric cooperative, or transmission
and distribution utility provides wholesale transmission service within the
Electric Reliability Council of Texas (ERCOT).  Requires the PUC to price
wholesale transmission services within ERCOT based on the postage stamp
method of pricing. Sets forth the postage stamp method of pricing.
Authorizes an electric utility subject to the freeze period imposed by
Section 39.052 to treat transmission costs in excess of transmission
revenues during the freeze period as an expense for purposes of determining
annual costs in the annual report filed pursuant to Section 39.257.
Authorizes the PUC to approve rates that may be periodically adjusted to
ensure timely recovery of transmission investment, notwithstanding Section
36.201.  Requires the PUC to ensure affordable and fair ancillary services
necessary to transmit electric energy.  Defines "ancillary services." 

SECTION 14.  Amends Section 35.005(b), Utilities Code, to delete text
regarding a proceeding not related to approval of an integrated resource
plan. 

SECTION 15.  Amends Section 35.033, Utilities Code, to delete reference to
Chapter 34 regulating an exempt wholesale generator or power marketer. 

SECTION 16.  Amends Section 35.034, Utilities Code, by adding Subsection
(c), to define "electric utility." 

SECTION 17.  Amends Section 35.035, Utilities Code, by adding Subsection
(d), to define "electric utility." 

SECTION 18.  Amends Chapter 35, Utilities Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  STATE AUTHORITY TO SELL OR CONVEY POWER
 
 Sec. 35.101.  DEFINITIONS.  Defines "commissioner" and "public retail
customer."   

Sec. 35.102.  STATE AUTHORITY TO SELL OR CONVEY POWER.  Authorizes the
commissioner of the general land office (land commissioner) to sell or
otherwise convey power to a public retail customer regardless of the
wholesale status of the customer.   

Sec. 35.103.  ACCESS TO TRANSMISSION AND DISTRIBUTION SYSTEMS; RATES.
Entitles the state to have access to all utilities and electric
cooperatives that serve public retail customers.  Requires an entity
described by Subsection (a) to provide any utility service at the lowest
possible rate. 

Sec. 35.104.  LIMIT IN CERTAIN AREAS.  Prohibits the state from engaging in
retail transactions that exceed 2.5 percent of a certain retail load, in
certain areas with no customer choice. 

Sec. 35.105.  COSTS OF SERVING STATE AGENCY.  Prohibits an electric
utility, municipal utility, or an electric cooperative from recovering
costs of serving a state agency or other public entities from residential
customers and other customer classes. 

Sec. 35.106.  WHOLESALE CUSTOMERS.  Provides that this chapter does not
preclude the commissioner from registering as a power marker. 

SECTION 19.  Amends Section 36.008, Utilities Code, to delete text
regarding an electric utility not required to file an integrated resource
plan. 

SECTION 20.  Amends Section 36.052, Utilities Code, to delete text
regarding an integrated resource plan.  Makes conforming changes. 

SECTION 21.  Amends Section 36.058(d), Utilities Code, to make a conforming
change. 

SECTION 22.  Amends Section 36.201, Utilities Code, to make a conforming
change. 

SECTION 23.  Amends Section 36.204, Utilities Code, to make a conforming
change. 

SECTION 24.  Amends Section 36.207, Utilities Code, to make a conforming
change. 

SECTION 25.  Amends Section 37.001, Utilities Code, to define "electric
utility."  Makes a conforming change. 

SECTION 26.  Amends Section 37.051, Utilities Code, by adding Subsection
(c), to provide that an electric cooperative is not required to obtain the
certificate for construction and installation operations. 

SECTION 27.  Amends Chapter 37B, Utilities Code, by adding Sections 37.060
and 37.061, as follows: 

Sec. 37.060.  DIVISION OF MULTIPLY CERTIFICATED SERVICE AREAS.  Requires
Subsections (a)-(g) to apply only to areas in which each retail electric
utility that is authorized to provide retail electric utility service to
the area is providing customer choice.  Sets forth conditions when an
electric cooperative, municipally owned electric utility, and other retail
electric utilities are providing customer choice.  Requires the PUC to
examine all other areas seeking customer choice and arrange for a single
certificated distributor.  Authorizes only retail electric utilities
certificated on June 1, 1999, to continue to serve the area or portion of
the area under an amended certificate issued pursuant Subsection (a).
Prohibits application of this section to an area in which a municipally
owned utility certificated to provide retail electric utility service files
a request by February 1, 2000 for the area to remain as certificated.
Requires the PUC to divide a certificated area within one year of the
request.  Requires the PUC to consider factors in Section 37.056 when
amending certificates under this section.  Requires the PUC to revoke
enough certificates to achieve the division of retail electric service
areas, as provided by this section, notwithstanding Section 37.059.
Permits a retail electric utility to continue to operate its services on
the date an application for division of certificated area is filed,
provided that the other affected utilities accede.  Prohibits a customer
from switching retail electric utilities while an application for division
is pending.  Requires a retail electric utility to file with the PUC a
consent from the certificated retail electric utility for the area, if
providing service to the certificated area on June 1, 1999.  Authorizes the
PUC to grant an exception or amend a retail electric utility's certificate,
upon proper notification.  Prohibits the PUC from granting a retail
electric utility certificate if the grant would cause the area to be
multiply certificated, unless the PUC finds that the certificate holders
are not providing service to the area where the certificate is sought and
are not capable of providing adequate service.  Sets forth terms and
conditions when this subsection may not apply and when a multiple
certification may be filed with the PUC.  Authorizes the PUC to singly
certificate the service territory of a municipally owned utility, provided
certain terms and conditions are part of the certification. 

Sec. 37.061.  EXISTING SERVICE AREA AGREEMENTS.  Requires the PUC to allow
a municipally owned utility to amend the service area boundaries of its
certificate if the municipally owned utility and the area meet certain
conditions.  Prohibits the PUC from amending the certificate of the public
utility serving the affected area based upon the granting of a certificate
to the municipal utility. 

SECTION 28.  Amends Section 37.101(a), Utilities Code, to provide that each
electric cooperative holding a certificate under this title has the right
to continue to provide the service or operate the facility and extend
service to a certain extent. 

SECTION 29.  Amends Section 38.001, Utilities Code, to include electric
cooperatives in the general standards of safety and service.   

SECTION 30.  Amends Section 38.004, Utilities Code, to include electric
cooperatives in  construction standards set forth by the National
Electrical Safety Code Standard ANSI(c)(2). 

SECTION 31.  Amends Chapter 38A, Utilities Code, by adding Section 38.005,
as follows: 

Sec. 38.005.  ELECTRIC SERVICE RELIABILITY MEASURES.  Requires the PUC to
implement quality and reliability standards for delivery of electricity to
retail customers by electric utilities and transmission and distribution
utilities.  Requires the PUC to develop, by rule, certain reliability
standards. Requires standards to require each electric utility and
transmission and distribution utility to maintain trained personnel.
Requires the standards to ensure electric utilities cannot neglect
geographic areas, such as small, rural, or low-income communities, with
regard to system reliability.  Authorizes  the PUC to require data from the
electric utilities to assist the regulatory agency in developing
reliability standards.  Requires each electric utility, transmission and
distribution utility, and generation provider to be obligated to comply
with any operational criteria duly established by the independent system
operator or adopted by the PUC. 

SECTION 32.  Amends Section 38.071, Utilities Code, to obligate an electric
cooperative to interconnect specified facilities, if ordered by the PUC. 

SECTION 33.  Amends Title 2B, Utilities Code, by adding Chapters 39, 40,
and 41, as follows: 

CHAPTER 39.  RESTRUCTURING OF ELECTRIC UTILITY INDUSTRY

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 39.001.  LEGISLATIVE POLICY AND PURPOSE.  Provides that this chapter
is enacted to protect the public interest during the transition to a fully
competitive electric power industry. Sets forth the findings of the
legislature regarding the implementation of a competitive retail electric
market, encouragement of competition, recovery of above-market costs to a
utility, and education of utility customers. 

Sec. 39.002.  APPLICABILITY.  Provides that this chapter, other than
Sections 39.155, 39.157(d), 39.203, 39.603, and 39.604, does not apply to a
municipally owned utility or an electric cooperative.  Provides that this
chapter controls when a conflict arises between a provision of this chapter
and other provisions of this title, except for Chapters 40 and 41. 
 
Sec. 39.003.  OPERATIONS IN MULTIPLE POWER REGIONS.  Requires that certain
areas of a retail electric utility to be considered a retail electric
utility in a qualifying power region and to be considered a retail electric
utility outside of that power region.   

SUBCHAPTER B.  TRANSITION TO COMPETITIVE RETAIL ELECTRIC MARKET

Sec. 39.051.  UNBUNDLING.  Requires an electric utility to separate its
costs and rates by September 1, 2000, into generation, transmission,
distribution, retail energy services,  and charges for a system benefit
fund and expected competition transition.  Requires an electric utility to
separate its interbusiness activity by January 1, 2000, into units called a
power generation company, retail electric provider, and transmission and
distribution utility. Authorizes an electric utility to conduct the
preceding activities by either a separate nonaffiliated company, separate
affiliated company owned by a common holding company, or sale of assets to
a third party. Requires an electric utility to provide for separation of
personnel, information flow, functions, and operations.  Requires each
electric utility to file a plan for implementation by January 1, 2000, and
requires the PUC to take certain action on the utility's plan. Authorizes
the PUC to adjust the filing and implementation dates in this section if
the PUC finds a power region will not qualify for customer choice under
Section 39.152 by January 1, 2002. Provides that certain transactions by
electric utilities to accomplish the purposes of this section are not
subject to Sections 14.101, 35.034, or 35.035. 

Sec. 39.052.  FREEZE ON EXISTING RETAIL BASE RATE TARIFFS.  Requires an
electric utility to provide retail electric service to its certificated
service area in accordance with the electric utility's retail base rate
tariffs and purchased power cost recovery factor in effect on September 1,
1999.  Prohibits an electric utility from increasing or decreasing its
retail base rates during the freeze period, except for force majeure,
Section 39.055 losses, and other specific provisions within this title.
Provides that during the freeze period, overall revenues, return on
invested capital, and net income of an electric utility are not subject to
complaint, hearing, or reasonable determination.  Requires an electric
company that had a rate proceeding pending before the PUC as of January 2,
1999, to comply with the tariffs set by the PUC until the freeze period
ends.  Provides that this section does not hinder the PUC's authority to
fulfill its Section 39.262 obligations.  Provides that nothing in this
section shall deny a utility to a proceeding by the PUC regarding certain
matters referred by court, as long as the free period rates for customers
are not affected.  Prohibits anything in this title from being construed to
prevent an electric utility or a transmission and distribution utility from
filing a change in wholesale transmission service rates during the freeze
period. 

Sec. 39.053.  COST RECOVERY ADJUSTMENTS.  Provides that this chapter does
not hinder an electric utility's ability to revise its fuel factor,
reconcile fuel expenses, and refund to customers for fuel overcollections
and undercollections, during the freeze period, as authorized by its
tariffs and Sections 36.203 and 36.205. 

Sec. 39.054.  RETAIL ELECTRIC SERVICE DURING THE FREEZE PERIOD.  Requires
an electric utility to provide service to its retail customers throughout
the freeze period in accordance with the terms of its regulatory contract
in effect on December 21, 1998.  Provides that nothing in Sections
39.052(c) and (d) shall be construed to restrict any customer's right to
complain during the freeze period regarding the quality of retail electric
service.  Provides that nothing in this title shall be construed to
restrict an electric utility from offering new services or tariffs options
to customers during the freeze period.  Requires new service or tariffs
under this section to be equal to or greater than the long-run marginal
cost of the electric utility, while not being unreasonably preferential,
prejudicial, discriminatory, predatory, or anticompetitive. Requires the
new offering revenues to be accounted for in a manner consistent with
Section 36.007. 

Sec. 39.055.  FORCE MAJEURE.  Authorizes an electric utility to claim force
majeure and thereby raise its base rates during the freeze period, subject
to a required PUC hearing, but notwithstanding Chapter 36C.  Defines "force
majeure." 

SUBCHAPTER C.  RETAIL COMPETITION

Sec. 39.101.  CUSTOMER SAFEGUARDS.  Requires the PUC to ensure that retail
customer  protections are established prior to the onset of competition,
that entitle a customer to certain information or protections.  Provides
that the PUC has the authority to adopt and enforce rules to carry out
Subsections (a) and (b).  Provides that PUC has jurisdiction over all
providers of electric service in enforcing Subsections (a) and (b) and may
assess civil and administrative penalties.  Requires the PUC to establish
by a certain date customer protections, customer entitlements, and rules
regarding customer choice, and that those rules ensure the same level of
protection for customers in a restructured electric industry as the level
on December 31, 1999. 

Sec. 39.102.  RETAIL CUSTOMER CHOICE.  Requires that all customers in the
state, with certain exemptions, to have a choice on or after January 1,
2002.  Authorizes an affiliated retail electric provider serving a customer
on December 31, 2001, to continue serving until that customer chooses a
different retail electric provider, cooperative, or municipal utility
offering customer choice.  Provides that if a regulatory authority finds a
utility is in the public interest, an electric utility has in effect a
systemwide freeze for residential and commercial customers extending beyond
December 31, 2001.  Requires the utility to be subject to the provisions of
this chapter at the expiration of the freeze period.  

Sec. 39.103.  COMMISSION AUTHORITY TO DELAY COMPETITION AND SET NEW RATES.
Requires the PUC to delay competition of electric utility competition if
the PUC determines under Section 39.104 that either a power region is
unable to offer fair competition and reliable service to all its retail
customer classes on January 1, 2002, or the power region fails to meet the
requirements in Section 39.152.  Authorizes the PUC to establish new rates,
as provided by Chapter 36, for the electric utilities in the power region. 

Sec. 39.104.  CUSTOMER CHOICE PILOT PROJECTS.  Authorizes the use of
customer choice pilot projects by the PUC to evaluate the ability of each
power region and electric utility to implement customer choice.  Authorizes
the PUC to require an electric utility operating outside of ERCOT to offer
customer choice by a certain date to five percent of the combined customer
classes.  Requires customer classes to receive the load equally, and
approved by the PUC.  Authorizes customers participating in a pilot under
this section to buy electric energy from any retail electric provider,
provided certain conditions exist.  Requires a pilot project utility to
charge residential and small commercial customers in accordance with
Section 39.052. Authorizes the PUC to prescribe reporting requirements to
evaluate the pilot projects.  Requires customer choice billing at the rate
provided by Section 39.107.  Authorizes the PUC to prescribe terms and
conditions against anticompetitive practice and for the encouragement of
customer choice.  Provides that a provider participating in a pilot project
is not an electric utility.   

Sec. 39.105.  LIMITATION ON SALE OF ELECTRICITY.  Prohibits a transmission
and distribution utility from selling electricity or participating in the
market for electricity after the onset of customer choice.  Provides that
this subsection does not prohibit the provision of electric service in
multiply certificated service areas to customers of any other retail
electric utility. 

Sec. 39.106.  PROVIDER OF LAST RESORT.  Requires the PUC to designate for
each customer choice area a provider of last resort who must provide each
customer class a fixed-rate standard retail service package.  Requires a
provider of last resort to offer a standard retail package to whomever
requests last resort service.  Requires the PUC to determine the provider
of last resort no later than June 1, 2001, if customer choice begins
January 1, 2002, and within 180 days, if customer choice begins at another
time, except as provided in Sections 40.053(c) and 41.053(d).  Authorizes
the PUC to employ a bid process to determine a provider of last resort, to
redesignate a provider of last resort within an appropriate schedule, and
to set conditions for a provider of last resort, even when no retail
electric provider applies.  Authorizes the provider of last resort to serve
without interruption in the event the retail electric provider fails to
serve any or all of its customers. 

Sec. 39.107.  METERING AND BILLING SERVICES.  Requires the transmission and
distribution utility to provide metering services for customer choice
areas.  Sets forth requirements for metering services to require tenants of
a leased or rented property to have the right to choose their retail
electric provider, and the owner must grant access to transmission and
distribution utilities or retail electric providers for metering purposes.
Requires the transmission and distribution utility to bill a customer's
retail electric provider for certain nonbypassable delivery charges.
Requires the retail electric prover to pay these charges.  Authorizes a
transmission and distribution utility to bill retail customers at the
request of a retail electric provider, and requires the distribution
utility to offer comparable terms and conditions to any retail electric
provider requesting such billing service.  Requires the metering and
billing service charges to comply with the nondiscriminatory rates of
service rules adopted by the PUC.   

Sec. 39.108.  CONTRACTUAL OBLIGATIONS.  Prohibits this chapter from
interfering with the rights of contracted parties concerning utility
service or from resulting in a change in wholesale power costs to certain
wholesale customers. 

SUBCHAPTER D.  MARKET STRUCTURE

Sec. 39.151.  ESSENTIAL ORGANIZATIONS.  Requires each power region to
establish one or more independent organizations to ensure nondiscriminatory
access to the market, network reliability, timely conveyance of a
customer's choice, and accountable electricity processing. Defines
"independent organization."  Requires the PUC to certify independent
organizations, and the independent organizations to establish and enforce
reliability and accountability procedures.   Authorizes an independent
organization, with PUC approval, to charge a reasonable rate to wholesale
buyers and sellers in order to cover its own costs.  Authorizes the PUC, in
implementing this section, to hold a joint hearing or make a joint
investigation with another state or the federal government.  Provides that
an existing independent operator in ERCOT that amends its rules to permit a
certain representation on its board will meet the same access standards
required of other buyers and sellers of electricity.  Authorizes the ERCOT
independent operator to meet the nondiscriminatory criteria by adopting
procedures and acquiring resources.  Authorizes the PUC to delegate
authority to the existing independent system operator in ERCOT for the
enforcement and establishment of certain standards and procedures.
Authorizes the PUC to establish terms and conditions for the ERCOT
independent system's authority.  Requires the retail electric provider,
transmission and distribution utility, municipally owned utility, electric
cooperative, power marketer, and power generation companies to observe all
authorized protocols and rules established by the independent system
operator in ERCOT, at the risk of certificate or administrative penalty for
noncompliance. Authorizes the PUC to delegate authority to the independent
organization outside of ERCOT. Prohibits any requirement established by an
independent organization, including ERCOT, from adversely affecting or
impeding any manufacturing or other operation associated with an industrial
generation facility, except for minor exceptions.   

Sec. 39.152.  QUALIFYING POWER REGIONS.  Requires the PUC to certify a
power region given certain circumstances.  Requires the PUC to consider the
limited extent of electricity delivery from out of state in considering
whether a partially out-of-state power region meets the requirements of
this section. 

Sec. 39.153.  CAPACITY AUCTION.  Requires each electric utility to auction
within a certain timeframe 15 percent of the electric utility's generation
capacity.  Defines "electric utility." Requires the auction obligation to
continue until either a certain amount of time has elapsed or a certain
amount of customers have acquired power from another electric utility.
Prohibits an affiliate of the electric utility from purchasing entitlements
from the auction.  Authorizes an electric utility to choose auctioning
additional entitlements in order to comply with Section 39.154.  Requires
the PUC to define, by rule, by December 31, 2000, the scope of entitlements
auctioned.  Authorizes less than 15 percent entitlement to be auctioned.
Sets forth requirements for the rules set by the PUC.  Requires the PUC to
adopt, by rule, procedures meeting certain criteria for the auction.
Requires the PUC to consider certain factors in adopting the process under
Subsection (f)(2), and to consult with the applicable organization to
develop the process.  
Sec. 39.154.  LIMITATION OF OWNERSHIP OF INSTALLED CAPACITY.  Prohibits a
power generation company from owning more than 20 percent of the installed
generation capacity used to deliver electricity in its area.  Authorizes
the PUC to waive installed generation capacity requirements for a power
region that does not entirely reside within the state.  Requires the PUC to
combine the capacity owned and controlled by a power generation company and
its owned entities to determine the percentage shares of installed
generation capacity. 

Sec.  39.155.  COMMISSION ASSESSMENT OF MARKET POWER.  Requires each entity
that owns generation facilities to report to the PUC for the purpose of
determinating market  power in Texas.  Requires the PUC to prescribe, by
rule, the nature and detail of such reporting requirements.  Requires the
ERCOT independent system operator to make identifications and
recommendations on the constraints and needs of a competitive system within
ERCOT, in an annual report beginning on October 1, 1999, and subsequently
by the 15th of January. Requires an electric utility owning transmission
and distribution facilities to make identifications and recommendations on
the constraints and needs of a competitive transmission and distribution
system in the power region, in a report prior to and after the introduction
of customer choice.  

Sec. 39.156.  MARKET POWER MITIGATION PLAN.  Defines "market power
mitigation plan" or "plan."  Requires a power generation company with more
than 20 percent of the generation capacity for a delivery area to submit a
plan to the PUC by December 31, 2000, providing only certain factors
regarding sale, auction, and mitigation factors.  Requires the PUC to
evaluate a plan using certain criteria, not to include divestiture, within
180 days of its filing. Provides that an electric utility or power
generation company may amend or repeal its approved plan, and the PUC must
take action on the change.  Authorizes the PUC to order the auction of
generation capacity entitlement held by a certain date of an electric
utility or a power generation company whose market power plan was not
approved.   

Sec. 39.157.  COMMISSION AUTHORITY TO ADDRESS MARKET POWER.  Requires the
PUC to monitor the market power in the state.  Requires the PUC to order
after a hearing and other procedures any one of various remedies to reduce
market power.  Prohibits the ownership of certain transmission or
distribution facilities in this state by a person who owns a generation
facility, at the onset of customer choice.  Requires the PUC to monitor
market share of installed capacity to ensure limitations are not exceeded.
Requires the PUC to order a person to file a mitigation plan if the person
was found at the conclusion of a hearing of having violated certain
limitations.  Requires the PUC to establish predatory pricing safeguards to
avoid anticompetitive activity.  Requires the PUC to determine whether
specific transmission or distribution constraints or bottlenecks within
this state give rise to market power in specific geographic markets in the
state.  Authorizes the PUC to order reasonable mitigation of market power
constraints or bottlenecks.  Provides that there is a specific exception to
the prohibition and that nothing in this chapter prohibits a power
generation company affiliated with a transmission and distribution facility
from owning generation facilities.  Requires the PUC to govern certain
transactions, by rule, in order to avoid potential market power abuses and
crosssubsidization practices.  Requires the PUC to adopt, by rule, a code
of conduct for market participants. 

Sec. 39.158.  MERGERS AND CONSOLIDATIONS.  Requires PUC approval of all
consolidations, mergers, affiliations, and acquisitions between utility
market participants, including electric generation facilities and retail
electric providers.  Provides that this section does not provide immunity
from state or federal antitrust laws, but does complement and sanction such
laws in the spirit of this section.  Provides that this section does not
authorize the PUC to review or approve transactions entered into between
municipally owned utilities, river authorities, special districts, or other
political subdivisions, when the transaction is authorized pursuant to law. 

SUBCHAPTER E.  PRICE REGULATION AFTER COMPETITION

Sec. 39.201.  COST OF SERVICE TARIFFS AND CHARGES.  Requires each electric
utility to file by April 1, 2000, a proposal of tariffs supported by data
for nonbypassable delivery charges, and identify the unbundled generation
and retail energy service costs by customer class. Requires the PUC to
approve the proposal within a certain time frame.  Requires the PUC to
establish the fund charge pursuant to Section 39.603, and accept the
competition transition charge based on Subsections (i)-(l).  Sets forth the
manner to calculate the competition transition charge.  Requires the
electric utility to employ the excess costs over market (ECOM)
administrative model using current PUC-approved data for determining
estimated stranded costs.  Provides that an electric utility, upon PUC
approval, may use certain securitization and bond methods.  Requires
similar allocation among customer classes of the competition transition
charges as the allocation of underlying assets costs, unless the utility
has agreed to an alternative allocation.  Authorizes the PUC to determine
in accordance with certain criteria the length of time over which costs may
be recovered.  Requires the review of stranded costs by the PUC two  years
into the customer choice era, and permits certain charge and time
adjustments, up or down, of those costs.  Authorizes the PUC to adjust the
filing and implementation dates for customer choice if a region does not
qualify for Section 39.152 customer choice by January 1, 2002.   

Sec.  39.202.  PRICE TO BEAT.  Requires an affiliated retail electric
provider to charge a bundled rate five percent less than its affiliated
transmission and distribution utility rates, adjusted to reflect the fuel
factor and any base rate reduction stipulated by an established proceeding.
Provides that this rate process is called the "price to beat."  Requires
the PUC to determine by certain dates the  fuel factor for an area's
electric utilities.  Requires all power generation companies affected by
customer choice to file a final fuel reconciliation for the period just
before customer choice.  Provides that this final fuel balance will be
included in the Section 39.262 true-up proceedings.  Prohibits an
affiliated retail electric provider from charging a rate other than the
price to beat, until a certain time period has passed or 40 percent of an
area's consumption is provided by more than one electric utility.  Requires
the PUC to establish procedures and reporting requirements to monitor
certain consumptions for the purpose of continuing the price to beat.
Requires the PUC to notify an affiliated retail electric provider when the
price to beat no longer applies.  Authorizes the PUC to adjust up to twice
a year the price to beat in accordance with the true-up proceedings
established in Section 39.262. Authorizes an affiliated retail electric
provider to request the PUC so many times to adjust the fuel factor.
Defines "small commercial customer."  Authorizes the PUC to set the price
to beat at a minimum level that will allow a retail electric provider to
maintain its financial integrity. 

Sec. 39.203.  TRANSMISSION AND DISTRIBUTION SERVICE.  Requires all
transmission and distribution facilities to provide transmission service at
wholesale under Chapter 35A. Requires a transmission and distribution
utility, municipal utility offering customer choice, and an electric
cooperative offering customer choice  to provide transmission or
distribution service at retail to an electric utility, a retail electric
provider, a municipally owned utility, an electric cooperative, or an
end-user customer at rates, terms of access, and conditions that are
comparable to those that apply to the transmission and distribution utility
and its facilities. Requires a municipal utility or cooperative that does
not opt for customer to provide utility service at wholesale.  Requires the
PUC to establish for all retail electric utilities offering customer
choice, except municipal utilities and cooperative,  reasonable and
comparable terms and  conditions and comparable rates for open access.
Establishes the rules of comparable terms and service to include the
utility's ancillary services.  Authorizes the creation of more electric
utility facilities to provide adequate service to the state's electric
markets.  Provides that in a proceeding brought under Chapter 37 regarding
an order to enlarge facilities, an electric utility or transmission and
distribution utility need not prove certain construction was necessary for
the service, accommodation, convenience, or safety of the public and
address certain other factors. Requires the PUC rules to be consistent.
Guarantees open and nondiscriminatory access throughout the qualifying
power regions through a PUC-approved tariff.  Requires Subsection(g) to not
be deemed to vest in the PUC power to set or approve distribution access
rates of a municipal utility or an electric cooperative that has adopted
customer choice. 

Sec.  39.204.  TARIFFS FOR OPEN ACCESS.  Requires each transmission and
distribution utility to file within a certain time frame a rule-compliant
open access tariff with federal regulatory authorities. 
 
Sec. 39.205.  REGULATION OF COSTS FOLLOWING THE FREEZE PERIOD.  Provides
that costs remaining from nuclear decommissioning after the freeze period
are subject to cost of service regulation and are required to be included
within the nonbypassable charge to retail customers. 

SUBCHAPTER F.  RECOVERY OF STRANDED COSTS

Sec. 39.251.  DEFINITIONS.  Defines "above market purchased power costs," "
existing purchased power contract," "generation assets," "market value,"
"purchased power market value," "regulatory assets," "retail stranded
costs," and " stranded cost."   

Sec. 39.252.  RIGHT TO RECOVER STRANDED COSTS.  Allows an electric utility
to recover stranded costs within a certain time frame.  Prohibits a retail
customer from avoiding  stranded cost recovery charges by switching to
another electric utility after May 1, 1999. Provides that certain customers
are not responsible for stranded costs. 

Sec. 39.253.  ALLOCATION OF STRANDED COSTS.  Requires the allocation of
retail stranded costs to parallel the allocation of underlying assets among
customer classes. 

Sec. 39.254.  USE OF REVENUES FOR UTILITIES WITH STRANDED COSTS.  Provides
that this chapter contains a number of tools for use by an electric utility
to mitigate stranded costs.  Requires an electric utility cited with ECOM
in the Senate Interim Committee on Electric Utility Restructuring report,
to use these prescribed methods to reduce the net book value of its
generation assets. 

Sec. 39.255.  USE OF REVENUES FOR UTILITIES WITH NO STRANDED COSTS.
Requires an electric utility that does not have stranded costs to be
permitted to use within a certain period of time any positive difference
under a certain report on certain capital expenditures, and the costs must
be reflected in future proceedings to set rates.    Requires stranded costs
not used for capital expenditures to flow back to the utility customers via
the power cost recovery factor.  Provides that this section applies only to
the use of positive differences under a certain report. 

Sec. 39.256.  OPTION TO REDIRECT DEPRECIATION.  Authorizes an electric
utility to redirect any part of its depreciation expenses relating to
transmission and distribution assets to its net generation plant assets and
to report the action to the PUC or other applicable authority. Requires the
PUC to accept and apply these book value adjustments for the purpose of
establishing net invested capital and transmission and distribution rates
for retail customers after the freeze period.  Prohibits the design of
post-freeze-period retail rates from certain cost adjustments, provided
that certain exceptions do not apply.   

Sec. 39.257.  ANNUAL REPORT.  Requires each electric utility to file  a
report with the PUC at the end of each year that identifies a positive
difference between the annual revenues, Section 36.205 and 36.205
reductions, and annual costs.   

Sec. 39.258.  ANNUAL REPORT:  DETERMINATION OF ANNUAL COSTS.  Sets forth
certain amounts required for determining annual costs in each annual
report. 

Sec. 39.259.  ANNUAL REPORT:  DETERMINATION OF INVESTED CAPITAL. Requires
each annual report for the net plant in service, regulatory assets, and
deferred federal income taxes to be updated yearly of certain services,
assets, income taxes, and generationrelated invested capital.  Requires
related invested capital to be reduced by the amount of provided
securitization.  Sets forth provisions for capital additions to a plant and
a requirement regarding invested capital.   

Sec. 39.260.  USE OF GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.  Provides
that the definitions and identification of invested capital in this
subchapter conform to generally accepted accounting principles (GAAP),
including application of Statement of Financial Accounting Standards No. 71
on January 1, 1999. 

Sec. 39.261.  REVIEW OF ANNUAL REPORT.  Provides that the annual report
filed under this subchapter is a public document and shall be reviewed by
PUC staff (staff) and the office of public utility counsel (office).
Authorizes the staff and office to review work papers and supporting
documents and discuss the report's underlying data with the utility.
Requires the staff and office to send within a certain date written
notification regarding data disagreements to an electric utility.  Requires
the PUC to resolve any data disagreements within a certain date. 

Sec. 39.262.  TRUE-UP PROCEEDING.  Prohibits an electric utility from
overrecovering stranded costs in conjunction with both the utility's
affiliated retail electric provider and affiliated transmission and
distribution utility.  Requires an electric utility providing service to an
area not subject to competition after the freeze period to continue to file
its annual reports pursuant to Sections 39.257-39.259 as if the freeze
period were still in effect, until the area qualifies for Section 39.152
competition.  Requires the PUC and the office to continue to review the
annual reports.  Requires a transmission and distribution utility along
with its retail electric  provider and affiliated power generation company
to file a joint finalization and reconciliation of stranded costs.
Requires the application of resulting costs to the nonbypassable delivery
rates of the transmission and distribution facility, except the utility may
choose to securitize the remaining stranded costs.  Requires an affiliated
power company to reconcile certain net sums. Requires the affiliated retail
electric provider to reconcile and credit to the affiliated transmission
and distribution utility any positive difference between a certain price to
beat and a certain prevailing market price.  Prohibits the amount credited
from exceeding 50 percent of the net income of the affiliated retail
electric provider.  Requires the transmission and distribution facility to
adjust within certain constraints the nonbypassable delivery rates it
charges to retail electric providers.  Authorizes the PUC to extend or
recede the original collection period based on the sufficiency of the
nonbypassable delivery rates.  Requires the affiliated power generation
company to quantify its stranded costs using the methods of sale of assets,
stock valuation, and partial stock valuation.  Requires an electric utility
or power generation company to quantify its stranded costs for nuclear
assets using the ECOM if the utility or company did not employ a Subsection
(g)(2) or (g)(3) method.  Provides for the description and proper
utilization of the ECOM method.  Requires the PUC to establish, by rule, a
precise ECOM methodology for updating natural gas forecasts.  Requires the
PUC to conduct hearings as a contested case.  Sets forth final orders for
certain utility facilities by the PUC, subject to Chapter 2001, Government
Code judicial review.  Authorizes charging stranded costs to a customer if
the utility provided service to a legal customer, incurred the cost within
a certain time frame, actually provided the customer service through its
transmission and distribution facility, and updated all relevant Texas
Natural Resource Conservation Commission (TNRCC) environmental permits. 

Sec. 39.263.  STRANDED COST RECOVERY OF ENVIRONMENTAL CLEANUP COSTS.
Provides invested capital eligibility for capital costs incurred by an
electric utility that improves air quality before January 1, 2002, subject
to certain provisions.  Provides that capital costs incurred by an electric
utility that improves air quality within a certain time frame are eligible
for Section 39.262 determination of invested capital in the true-up
proceeding eligibility, subject to certain provisions.  Requires costs
incurred under Subsections (a) and (b) to be included as invested capital
and considered in an electric utility's stranded cost determination, only
to a certain extent.  Requires the net book value to be included in the
electric utility's stranded cost, if the retirement of a generating
facility is the most cost-effective alternative, notwithstanding Section
39.259(c).  Requires the PUC and the TNRCC to submit a joint report to
certain executive officials.  Sets forth criteria for the report.   

Sec. 39.264.  RIGHTS NOT AFFECTED.  Provides that this chapter is not
intended to alter any rights of a utility to recover stranded costs from
wholesale customers. 

SUBCHAPTER G.  SECURITIZATION

Sec. 39.301.  PURPOSE.  Provides that the primary purpose of this chapter
is  to enable an electric utility to engage in cost-effective financing for
the recovery of stranded costs over conventional utility financing methods.

Sec. 39.302.  DEFINITIONS.  Defines "assignee," "financing order,"
"financing party," "qualified costs," "transition bonds," "transition
charges," and "transition property."   

Sec. 39.303.  FINANCING ORDERS; TERMS.  Requires the PUC to adopt a
financing order upon finding that the total amount of revenues to be
collected pursuant to the financing order is less than the revenue
requirement that would be recovered over the remaining life of the stranded
costs.  Requires the financing order to detail the amount of stranded costs
over a certain period.  Requires transition charges to be collected and
allocated among customers in a certain manner.  Requires a financing order
to become effective in accordance with its terms and to become irrevocable
thereafter.  Requires the PUC to issue the financing order within a certain
time period.  Prohibits a financing order from being subject to rehearing
by the PUC. Authorizes a financing order to be reviewed upon appeal, in
which case venue will be in Travis County.  Sets forth conditions and terms
of a review and appeal of a court decision regarding a financing order.
Authorizes the PUC to adopt a financing order under certain conditions, at
the request of an electric utility.  Requires the PUC to adjust the related
transition charges of a retired and refunded transition bond.   
 
Sec. 39.304.  PROPERTY RIGHTS.  Requires the rights and interests of an
electric utility to be only contract rights, except for transfer into
transition bonds.  Requires transition property to constitute a present
property right for contract purposes, even though the imposition and
collection of transition charges depends on not-yet-occurred acts, in any
case the financing order remains in effect.  Requires all revenues and
collections resulting from transition charges to constitute proceeds only
of the transition property arising from the financing order.  

Sec.  39.305.  NO SETOFF.  Prohibits certain interests in transition
property from being subject to setoff or other bankruptcy procedures.   

Sec.  39.306.  NO BYPASS.  Requires a financing order to include terms
ensuring that the imposition and collection of transition charges
authorized in the order shall be nonbypassable. 

Sec. 39.307.  TRUE-UP.  Sets forth required inclusions in a financing order
regarding true-up provisions. 

Sec. 39.308.  TRUE SALE.  Establishes that certain agreements by an
electric utility are true sales and are not secure transactions.  Requires
this true sale to apply regardless of possible buyer-seller recourse.   

Sec. 39.309.  SECURITY INTERESTS; ASSIGNMENT; COMMINGLING; DEFAULT.
Prohibits transition property from constituting an account or general
intangible under Section 9.106, Business & Commerce Code.  Provides that
administrative duties regarding liens are governed by this chapter and not
the Business & Commerce Code.  Requires a valid and enforceable lien and
security interest in transition property to be created only by a financing
order and the execution and delivery of a certain security agreement.  Sets
forth conditions for the valuation of a lien and security interest.  Sets
forth terms and conditions for the transfer and perfection of an interest
in transition property.  Requires the secretary of state to implement this
section by establishing and maintaining a system of records.  Provides that
the priority of a perfected lien and security interest may not be impaired,
and any other security interest that may apply to those funds shall be
terminated upon certain transfers.  Requires proceeds to be held in trust
in a transfer of transition property to an assignee.  Authorizes
foreclosure of transition bonds under certain conditions.  Requires a
Travis County district court to order the sequestration and payment of the
bonds, upon application. 

Sec. 39.310.  PLEDGE OF STATE.  Provides that transition bonds are not a
debt or obligation of the state.  Provides that the state does pledge to
protect the financing parties and the electric utilities, and that a
financing party may include this pledge in future documentation.   

Sec. 39.311.  TAX EXEMPTION.  Exempts transactions and ownership involving
transition property from local and state taxation. 

Sec. 39.312.  NO PUBLIC UTILITY.  Prohibits an assignee or financing
authority from being considered as a public utility or person providing
electric service solely by virtue of the transactions described in this
subchapter. 

Sec. 39.313.  SEVERABILITY.  Establishes that certain legal and financial
occurrences regarding transition bonds issued under this chapter do not
affect the validity or continuation of this subchapter and certain sections
that are relevant to the transition bonds.   

SUBCHAPTER H.  CERTIFICATION AND REGISTRATION; PENALTIES

Sec. 39.351.  CERTIFICATION OF POWER GENERATION COMPANIES.  Prohibits a
person from generating electricity for sale, unless the person is
registered.  Authorizes a person to register as a power generation company
by filing certain information for certification. Requires a power
generation company to comply with the independent organization's
reliability standards, and may register anytime after September 1, 2000.   

Sec. 39.352.  CERTIFICATION OF RETAIL ELECTRIC PROVIDERS.  Prohibits a
person without PUC certification from providing retail electric service in
customer choice areas. Requires the PUC to issue a person who demonstrates
certain abilities a provider's certificate.  Requires a person applying for
certification to comply with certain protections, requirements, and
guidelines.  Requires the PUC to consider the nature of the retail
transactions and customer type, in determine whether the requirements are
met.  Authorizes a retail electric provider to apply for certification
anytime after September 1, 2000.  Requires the PUC to use any information
required in this section in a manner that ensures the confidentiality of
competitively sensitive information.   

Sec. 39.353.  REGISTRATION OF AGGREGATORS.  Prohibits a non-certificated
person from providing aggregation services.  Defines "aggregator."
Prohibits an aggregator from selling or taking title to electricity.
Provides that retail electric providers are not aggregators. Requires a
person registering under this section to comply with all customer
protection provisions, disclosure requirements, and established marketing
guidelines.  Authorizes the PUC to establish any terms and conditions
necessary for the regulation of proper aggregation service. Authorizes an
aggregator to register anytime after September 1, 2000. 
 
Sec. 39.354.  REGISTRATION OF MUNICIPAL AGGREGATORS.  Prohibits a
nonregistered municipal aggregator from providing aggregation services.
Defines "municipal aggregator."  Authorizes a municipal aggregator to
register anytime after September 1, 2000. 

Sec. 39.355.  REGISTRATION OF POWER MARKETERS.  Prohibits a non-registered
person from selling electric energy at wholesale as a power marketer. 

Sec. 39.356.  REVOCATION OF CERTIFICATION.  Authorizes the PUC to suspend,
revoke, or amend a retail electric provider's certificate when the offender
does not comply with this title's rules or a certified independent
organization's protocols.  Authorizes the PUC to revoke a retail electric
provider's certificate in the event the provider can no longer provide
continuous and reliable service.  Authorizes the PUC to suspend or revoke
an aggregator's registration for significant violations of this title's
rules or reliability protocols.  

Sec. 39.357.  ADMINISTRATIVE PENALTY.  Authorizes the PUC to levy an
additional administrative penalty against a Section 39.356 violator. 

SUBCHAPTER I.  MISCELLANEOUS PROVISIONS

Sec. 39.601.  SCHOOL FUNDING LOSS MECHANISM.  Requires the comptroller to
certify to the Texas Education Agency (TEA) any property wealth reductions
attributable to electric utility restructuring.  Requires TEA to determine
the reduction of the amount of property taxes and to notify the PUC of the
amount necessary to compensate the state for the reduction. Requires the
TEA to determine and to notify the PUC of the amounts necessary to
compensate school districts for lost revenue resulting from the property
wealth reductions.  Requires the amounts necessary to compensate districts
to be the sum of certain funding and revenue. Provides that the amounts
determined by the comptroller and the TEA are final and may not be
appealed.  Requires the PUC to transfer the appropriate amount from the
system benefit fund to the foundation school fund.  Provides that amounts
transferred from the system benefit fund for this section are appropriated
for the support of the foundation school program and are available, in
addition to any other General Appropriations Act funds, to finance actions
under Section 41.002(b) or 42.252(e).  Requires the TEA to compensate
school districts for losses incurred under Subsection (c), with the
transferred money.  Authorizes the comptroller and the commissioner of
education to adopt rules necessary to implement this section.  Provides
that this section is effective through the 2006-2007 school year, but
expires August 31, 2007.   

Sec. 39.602.  CUSTOMER EDUCATION.  Requires the PUC to develop and
implement an educational program, prior to January 1, 2000, to inform
customers of changes resulting from opening the retail electric market.
Requires the education program to be neutral, nonpromotional, providing the
information necessary to make an informed choice.  Requires the PUC to
consult the Texas Department of Housing and Community Affairs (TDHCA) and
customers of providers of retail electric services, in order to plan and
implement this program. Authorizes the PUC to enter into contracts to carry
out the customer education program. Requires the PUC to report on the
status of the program to the legislature by December 1, 2001. Requires the
PUC to conduct ongoing customer education after the onset of customer
choice, including providing information concerning specific retail electric
providers and instances and  complaints against the providers. 
 
Sec. 39.603.  SYSTEM BENEFIT FUND.  Requires the PUC to establish a system
benefit fund, to be financed by a nonbypassable charge set by the PUC, not
to exceed 50 cents per MWh.  Requires the system benefit fund to provide
funding for certain program and costs. Defines a "low-income electric
customer." 

Sec. 39.604.  GOAL FOR RENEWAL ELECTRICITY.  Sets forth the intent of the
legislature regarding renewable energy technologies, which shall constitute
not less than five percent of the installed electric generation capacity
located within the state, and generating electricity for sale by January 1,
2007.  Requires at least one percent of generation capacity  for each
retail electric provider, municipally owned utility, and electric
cooperative to come from renewal energy technologies, beginning January 1,
2004.  Requires the PUC to establish a credits trading program for
renewable energy available to a retail electric provider, municipally owned
utility, or electric cooperative which does not satisfy the renewable
energy requirements.  Defines "renewable energy technology." 

Sec. 39.605.  GOAL FOR ENERGY EFFICIENCY. Sets forth the intent of the
legislature regarding energy efficiency.   

Sec. 39.606.  DISPLACED WORKERS.  Authorizes the PUC to allow the recovery
of reasonable employee related transition costs. 

Sec. 39.607.  LEGISLATIVE OVERSIGHT COMMITTEE.  Defines "committee."  Sets
forth the composition, terms, duties, and responsibilities for the
legislative oversight committee, including a report to certain executive
officials. 

Sec. 39.608.  EFFECT OF SUNSET PROVISION.  Provides that the provisions of
this title continue in full force in the event the PUC is abolished.
Requires the duties and functions of the PUC to be performed by a successor
agency designated by the legislature before the PUC's abolishment, or by
the secretary of state in the event of no successor appointment.   

CHAPTER 40.  COMPETITION FOR MUNICIPALITY OWNED UTILITIES AND RIVER
AUTHORITIES 

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 40.001.  APPLICABLE LAW.  Provides that this chapter governs the
transition to and establishment of a fully competitive electric power
industry for municipally owned utilities. Prohibits the provisions of
Chapter 39 from applying to a river authority operating a steam plant
before a certain date, or a corporation authorized by Article 717p,
V.T.C.S.  Subjects the river authority to certain sections of law.
Provides that hydroelectric assets do not include certain assets for
purposes of Section 39.051, and that generating assets to a certain
corporation shall satisfy the requirements of Section 39.051.  Provides
that an accommodation shall be made in the code of conduct established
under Section 39.157(e) for the provisions of Article 717p, V.T.C.S., and
that the PUC shall not prohibit a river authority and other related
corporation from sharing or providing to each certain officers, facilities,
and duties, without the need for a competitive bid.   

Sec. 40.002.  DEFINITION.  Defines "body vested with the power to manage
and operate a municipally owned utility." 

Sec. 40.003.  SECURITIZATION.  Authorizes a municipally owned utility or
river authority to recover up to 100 percent stranded costs through
securitization provisions.  Sets forth rules and procedures for using
securitization, including a provision for the PUC to establish additional
rules and procedures for the issuance of a securitized financing
transaction bond.  Requires these rules and procedures to be consistent
with established law. 

Sec. 40.004.  JURISDICTION OF THE COMMISSION.  Establishes that the PUC has
jurisdiction over municipally owned utilities only for certain purposes.   

 SUBCHAPTER B.  MUNICIPALLY OWNED UTILITY CHOICE

Sec. 40.051.  GOVERNING BODY DECISION.  Provides discretion to a
municipally owned utility to decide when or if the utility will employ
customer choice on or after January 1, 2002, via an appropriate resolution.
Provides that a decision by resolution to provide customer choice is
irrevocable.  Establishes that Subchapters 33D and 33E no longer apply if
the municipally owned utility resolves to offer customer choice. 

Sec. 40.052.  UTILITY NOT OFFERING CUSTOMER CHOICE.  Prohibits a municipal
utility from offering unregulated prices if the utility decides not to
offer customer choice, but may still provide a full range of customer
service, pricing programs within its certificated area, and buy and sell
wholesale electricity without geographic restriction.   

Sec. 40.053.  RETAIL CUSTOMER'S RIGHT OF CHOICE.  Establishes that after
customer choice is approved by a municipal utility, customer choice shall
be provided with open access for retail service.  Prohibits the municipally
owned utility from offering competitive metering, notwithstanding Section
39.107 provisions.  Authorizes the municipally owned utility to be the sole
provider of the metering function.  Sets forth requirements for the
provider of last resort and the default provider of last resort to offer
standard regulation retail service for requesting customers.  Authorizes
the municipally owned authority to establish procedures and criteria for
designating and redesignating the provider of last resort. 

Sec. 40.054.  SERVICE OUTSIDE AREA.  Authorizes a municipally owned utility
opting for customer choice to offer electricity and related services at
unregulated prices without regard to geography, yet abiding by the PUC's
code of conduct regulating anticompetitive practice. Authorizes the PUC to
establish terms and conditions, but not rates, for access by other retail
electric providers against municipally owned utilities participating in
customer choice.  Requires the codes of conduct to accommodate relevant
state and federal laws.  Provides that the PUC does not have jurisdiction
that would require municipally owned utilities to unbundle its services.
Requires the municipally owned utility to maintain separate books and
records for its operations from those of affiliated operations.  

Sec. 40.055.  JURISDICTION OF MUNICIPAL GOVERNING BODY.  Sets forth
exclusive jurisdictions to the municipal governing body or the body's
replacement.  Prohibits a retail customer, including a customer of an
electric cooperative or municipal utility, from avoiding stranded cost
recovery charges by switching to another electric utility.       

Sec. 40.056.  ANTICOMPETITIVE ACTIONS.  Requires the PUC to notify the
municipally owned utility of any known anticompetitive practices, to
provide three months for the utility to cure the anticompetitive practice,
following a hearing, and to deny access to service outside an offender's
certificated retail service area if the offense is not remedied within a
certain time.   

Sec. 40.057.  BILLING.  Authorizes the municipally owned utility that opts
for customer choice to bill directly customers, generation services, and
customer services.  Specifies that a municipally owned utility cannot adopt
anticompetitive practices that would discourage customers from choosing a
retail electric provider.  Establishes that certain customers may choose
between a direct billing from each service provider or a single bill from
the municipally owned utility.   

Sec. 40.058.  TARIFFS FOR OPEN ACCESS.  Requires a municipally owned or
operated transmission and distribution facility to file by a certain date
with the PUC tariffs implementing open access rules and certain rates.
Provides that the PUC has no authority to determine rates for distribution
access service for a municipally owned utility.   

Sec. 40.059.  MUNICIPAL POWER AGENCY; RECOVERY OF STRANDED COSTS. Defines
"member city."  Authorizes a member city that opts for customer choice to
recover stranded costs through a nonbypassable charge.  Establishes that
the nonbypassable charge shall be as determined by the member city's
governing board, and may be spread out over 16 years. Authorizes which
stranded costs may be recovered through this section using the Texas Senate
Interim Committee on Electric Utility Restructuring report.  Prohibits
double counting of this section's stranded costs and the generation costs
used in setting rates.  Provides that provisions  of this section are
cumulative of all other provisions of this chapter, and nothing in this
section shall be construed to limit or restrict the application of any
provision of this chapter.  Requires the municipal power agency to
extinguish the agency's indebtedness by sale of the electric facility to
one or more purchasers, and to set the objective of selling the debt by
September 1, 2000.  Requires the agency to provide to the electric utility
restructuring legislative oversight committee detailed reasons why the
objective was not met by a certain date.   
Sec. 40.060.  NO POWER TO AMEND CERTIFICATES.  Provides that nothing in
this chapter empowers a municipal governing body or a body vested with the
power to manage a municipally owned utility to issue, amend, or rescind a
certificate of public convenience and necessity granted by the PUC.
Establishes that this section does not deny the ability for a municipally
owned utility to pass a Section 40.051(b) resolution.   

SUBCHAPTER C. RIGHTS NOT AFFECTED

Sec. 40.101.  INTERFERENCE WITH CONTRACT.  Prohibits this subtitle from
interfering with or abrogating the rights or obligations of a party to
contract with a municipally owned utility or river authority, including a
retail or wholesale customer, under a contract or agreement concerning
certificated utility service areas. 

Sec. 40.102.  ACCESS TO WHOLESALE MARKET.  Establishes that nothing in this
subtitle limits the access of municipally owned utilities to the wholesale
electric markets. 
 
Sec. 40.103.  PROTECTION OF BONDHOLDERS.  Establishes that nothing in this
subtitle or any rule adopted under this subtitle impairs the various
agreements between this state, river authorities, municipalities, and the
bondholders of revenue bonds issued by the river authorities or
municipalities. 

Sec. 40.104.  TAX-EXEMPT STATUS.  Establishes that nothing in this subtitle
impairs the tax-exempt status of municipalities, electric cooperatives, or
river authorities, or compels any of those organizations to use its
facilities in a manner which violates any contractual obligation to finance
tax-exempt debt.  Establishes that a Section 40.051(b) decision to
participate in customer choice is irrevocable, notwithstanding any other
provision of law. 

CHAPTER 41.  ELECTRIC COOPERATIVES AND COMPETITION

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 41.001.  APPLICABLE LAW.  Establishes that this chapter provides for a
fully competitive electric power industry for electric cooperatives,
notwithstanding other provisions of law, except Sections 39.155, 39.157(e),
and 39.203. 

 Sec. 41.002.  DEFINITIONS.  Defines "board of directors," "rate," and
"stranded investment." 

Sec. 40.103.  SECURITIZATION.  Authorizes electric cooperatives to adopt
and use securitization provisions having the effect of Subchapter 39G, to
recover costs up to 100 percent under rules and procedures established by
the PUC.  Sets forth required criteria and procedures for the rules
regarding Subsections (a) and (b). 

Sec. 40.104.  JURISDICTION OF THE COMMISSION.  Sets forth the jurisdiction
of the PUC over electric cooperatives. 

Sec. 40.105.  LIMITATION ON MUNICIPAL AUTHORITY.  Prohibits a municipality
from regulating the rates of electric cooperatives, notwithstanding any
other provision of this title. Prohibits this section from prohibiting a
municipality from making a lawful charge for the use of public
rights-of-way within the municipality.   

SUBCHAPTER B.  ELECTRIC COOPERATIVE UTILITY CHOICE

Sec. 41.051.  BOARD DECISION.  Provides discretion to an electric
cooperative's board of directors to decide when or if they will provide
customer choice.  Establishes that customer choice may become effective on
or after January 1, 2002.  Authorizes the decision to opt for  customer
choice to be revocable if no customer has opted for choice within four
years. Authorizes an electric cooperative to initiate customer choice pilot
project at any time.   

Sec. 41.052.  ELECTRIC COOPERATIVES NOT OFFERING CUSTOMER CHOICE. Prohibits
an electric cooperative that does not opt for customer choice from offering
directly unregulated electric service to customers outside its certificated
retail service area.  Provides that an electric cooperative retains the
right to provide a full range of customer service and pricing programs to
customers within its certificated area and to purchase and sell electric
energy at wholesale without geographic restriction.  Authorizes a
generation and transmission electric cooperative to offer electric energy
at unregulated prices directly to retail customers outside its parent's
area, if a majority of the parent cooperatives of generation and
transmission cooperatives choose to offer customer choice.  Prohibits a
subsidiary of an electric cooperative from providing electric energy at
unregulated prices outside of its parent's certificated area, unless the
electric cooperative offers customer choice inside its certificated area. 

Sec. 41.053.  RETAIL CUSTOMER RIGHT OF CHOICE.  Provides customer choice
and nondiscriminatory access to all customers within an electric
cooperative's certificated area for an electric cooperative that has opted
for customer choice.  Requires the cooperative to designate itself as the
provider of last resort and default provider of last resort, if another
entity is not so designated by the cooperative.  Requires the provider of
last resort to supply a requesting customer a standard retail package.
Authorizes the cooperative's board to establish procedures and criteria for
designating and redesignating a provider of last resort.   

Sec. 41.054.  SERVICE OUTSIDE CERTIFICATED AREA.  Requires a cooperative
opting for customer choice to offer electric energy and related services at
unregulated prices to retail customers without regard to geographic
location.  Prohibits the metering function from being deemed a competitive
service for customers of the electric cooperative and may be offered by the
electric cooperative as sole provider.  Establishes that when a cooperative
serves retail customers outside its certificated area, the cooperative
becomes subject to PUC jurisdiction regulating the code of conducting
regarding anticompetitive practices.  Establishes that the PUC has certain
jurisdictional authority over an electric cooperative participating in
customer choice. Requires the PUC to accommodate the code of conduct for
state and federal legal requirements applicable to cooperatives, and to
accommodate the cooperative's organizational structure, thereby not
prohibiting cooperatives from sharing personnel.  Provides that the PUC has
no jurisdiction concerning unbundling an electric cooperative's services,
except as provided by this section.  Requires a cooperative to maintain
separate books and records from its subsidiary.   

Sec. 41.055.  JURISDICTION OF BOARD OF DIRECTORS.  Sets forth the exclusive
jurisdiction of the board of directors. 

Sec. 41.056.  ANTICOMPETITIVE ACTIONS.  Requires the PUC to notify the
cooperative in the event the cooperative engaged in anticompetitive
practices.  Requires the cooperative to cure the anticompetitive practices
within three months.  Authorizes the PUC to prohibit the cooperative or its
subsidiary from providing retail service outside its certificated area
until the behavior is remedied after a certain period of time. 

Sec. 41.057.  BILLING.  Authorizes the cooperative during customer choice
to bill directly its customers in the certificated area for transmission
and distribution services, generation services, and customer services.
Authorizes a customer to choose between a direct billing from each service
provider or a single bill from the electric cooperative. 

Sec. 41.058.  TARIFFS FOR OPEN ACCESS.  Requires certain electric
cooperatives to file with the appropriate regulatory agency and within a
certain date tariffs implementing the open access rules.  Provides that the
cooperative's filing is for information purposes only. 

Sec. 41.059.  NO POWER TO AMEND CERTIFICATES.   Provides that this chapter
does not empower a cooperative to issue, amend, or rescind a certificate of
public convenience and necessity granted by the PUC.  

Sec. 41.060.  CUSTOMER SERVICE INFORMATION.  Requires the PUC to keep
information submitted by customers and retail electric providers pertaining
to the provision of  electric service by electric cooperatives.  Requires
the PUC to notify the cooperative of submitted information to which the
cooperative responds and notifies the PUC.  Requires the PUC to prepare a
report for the Sunset Advisory Commission that includes the submitted
information and responses.   

Sec. 41.061.  RETAIL RATE CHANGES BY ELECTRIC COOPERATIVES.  Makes this
section applicable to retail rates of certain electric cooperatives.  Sets
forth rates that this section will not apply to.  Sets forth conditions
when an electric cooperative may change its rates. Authorizes an electric
cooperative to implement the proposed rates under certain conditions and
for certain durations.  Authorizes an electric cooperative via resolution
to reconsider and to adjust a rate change without additional notice, under
certain conditions.  Authorizes rate changes under the circumstances
provided to be reasonable.  Entitles a customer adversely by rate change to
judicial review.  Provides venue and time period for the judicial review.
Requires the resolution to be considered valid and places the burden of
invalidity on the challenger of the resolution.  Authorizes a court
considering a review decision to consider all relevant factors including
cost of providing service.  Requires a court finding a violation of rate
standards to enter certain orders.  Prohibits the court from ordering a
remedy other than what is outlined in Subsection (h).  Provides that the
rates of a wholesale transmission are not subject to review, except for
certain circumstances.   

Sec. 41.062.  ALLOCATION OF STRANDED INVESTMENT.  Requires any competition
transition charge to be allocated among retail customer classes based on
certain relevant class characteristics.  Prohibits a retail customer from
avoiding stranded cost recovery charges by switching to another electric
cooperative, an electric utility, or a municipally owned utility. 

SUBCHAPTER C. RIGHTS NOT AFFECTED

Sec. 41.101. INTERFERENCE WITH CONTRACT.  Prohibits that this subtitle from
interfering with or abrogating the rights or obligations of a party to
contract with an electric cooperative, or to contract or agreement with
utility service areas concerning certification. 

Sec. 41.102.  ACCESS TO WHOLESALE MARKET.  Established that nothing in this
subtitle limits the access of a cooperative to the wholesale electric
markets. 
 
Sec. 40.103.  PROTECTION OF BONDHOLDERS.  Establishes that nothing in this
subtitle or any rule adopted under this subtitle shall impair the various
agreements between an electric cooperative, a lender, and the holders of
bonds issued on behalf of or by the electric cooperative. 

Sec. 40.104.  TAX-EXEMPT STATUS.  Establishes that nothing in this subtitle
impairs the tax-exempt status of electric cooperatives, nor compels a
cooperative to use its facilities in a manner which violates any
contractual obligation to finance tax-exempt or federally insured or
guaranteed debt.  

SECTION 34.  Amends Section 252.022, Local Government Code, to establish
that this chapter does not apply to certain expenditures by various
municipal entities in connection with certain management purchases.
Prohibits this subsection from being deemed to exempt a municipally owned
utility from any other applicable statute, charter provision, or ordinance.

SECTION 35.  Amends Section 272.001, Government Code, by adding Subsection
(j), to provide that this section does not apply to sales or exchanges of
land owned by a municipality, provided the governing body shall adopt a
resolution regarding the sale, or exchange and the public purpose achieved.
Defines "municipally owned utility."   

SECTION 36.  Amends Section 402.002(c), Local Government Code, to authorize
a certain municipal utility to function by charter, ordinance, or
resolution of the governing body of the municipally owned utility. 

SECTION 37.  Amends Subchapter 551D, Government Code, by adding Section
551.086, as follows: 

Sec. 551.086.  CERTAIN PUBLIC POWER UTILITIES:  COMPETITIVE MATTERS.
Provides that the rules provided by this section apply to competitive
matters of a public power  utility.  Defines "public power utility,"
"public power utility governing body," and "competitive matter."  Provides
that this chapter does not require a public power utility to conduct an
open meeting or take other action on any competitive matter.  Requires a
public utility, before taking action in a closed meeting, to make a
good-faith effort by majority vote to determine the nature of the
competitive matter is consistent with Subsection (b)(3).  Requires the vote
to be made in closed session and recorded in a specific format.  Requires
the public utility to make a matter public if the majority of the members
do not find the matter meets the established criteria. Prohibits the public
entity from taking any further action in closed meeting regarding the
matter. Provides that this section does not limit the right of a public
utility governing body to hold other closed sessions.  Requires the notice
of the matter to be considered in such a general way as to not compromise
the competitive activity of the public utility.  Provides that this section
applies regardless whether a public utility has adopted customer choice.
Provides that nothing in this section precludes the enforcement and
remedies of Subchapter G. 

SECTION 38.  Amends Subchapter C, Government Code, by adding Section
552.131, as follows: 

Sec. 552.131.  EXCEPTION:  PUBLIC POWER UTILITY COMPETITIVE MATTERS.
Defines "public power utility," "public power utility," "governing body,"
and "competitive matter."  Exempts records related to a competitive matter
from the requirements of Section 552.021.  Specifies certain contents of
exempt records.  Provides that records related to a competitive matter are
not subject to disclosure under this chapter regardless whether the utility
has opted for customer choice.  Provides that this section does not limit
the right of a public utility governing body to withhold certain other
information within the scope of other exceptions.  Sets forth conditions
under which the attorney general may find records to be open to the public
in the event an opinion is requested from the attorney general. 

SECTION 39.  Amends Section 791.011(d), to require an interlocal contract
to be authorized by the governing body of each party to the contract,
however, if a party to the contract is a municipally owned electric
utility, the governing body may establish procedures for entering into
interlocal contracts that do not exceed $100,00 without requiring the
approval of the governing body. 

SECTION 40.  Amends Chapter 2256A, Government Code, by adding Section
2256.0201, as follows: 

Sec. 2256.0201.  AUTHORIZED INVESTMENTS; MUNICIPAL UTILITY.  Authorizes a
municipally owned electric utility engaged in selling and distributing
electricity and natural gas to the public to engage in hedging contracts
and related to security and insurance agreements. Requires the hedging
contract to comply with the regulations of the Commodity Futures Trading
Commission and the Securities and Exchange Commission.  Provides that in
conflicts between the municipal charter and this chapter, this chapter will
prevail.  Provides that hedging contract payments are fuel expenses, and
the utility may credit the expense accordingly. Authorizes the body vested
with the power to manage and operate the municipally owned electric or gas
utility to set policy regarding hedging transactions.  Defines "hedging." 

SECTION 41.  Amends Section 52.133, Natural Resources Code, by amending
Subsection (a), (c), and (d), to delete a provision referencing the Board
for Lease of University Lands, in a requirement that each oil or gas lease
covering land leased by the School Land Board (board) for the Board for
Lease of University Lands must include a provision granting a royalty in
kind.  Authorizes the commissioner of the general land office (land
commissioner), the owner of the soil under Subchapter F, acting on behalf
of or at the direction of the Board of Lease of University Lands, to
negotiate contracts necessary to dispose or enhance the portion of the
royalty taken in kind, including purchase to secure or guarantee payment.
Authorizes the land commissioner, acting on behalf of certain individuals
or boards, to executive contracts.  Deletes a provision regarding the
inapplicability of this section to the Board for Lease of University Lands.
Makes conforming changes. 

SECTION 42.  Amends Section 53.026, Natural Resources Code, to require the
land commissioner along with certain others to dispose of or enhance their
portion of the royalty taken in kind, including contracts for sale or
purchase.  Requires the commissioner to negotiate and execute a contract to
convert that portion of the royalty taken in kind to other forms of energy,
including electricity.  Makes conforming changes.   

SECTION 43.  Amends Section 53.077, Natural Resources Code, by amending
Subsection (a) and  adding Subsection (b), to authorize the land
commissioner and certain others to negotiate a contract to convert that
portion of the royalty taken in kind to other forms of energy, including
electricity. 

SECTION 44.  Amends Chapter 245, Article 717p, V.T.C.S., by adding Section
4C, as follows: 

Sec. 4C.  Provides that this section applies only to a river authority
engaged in the sale and distribution of electric energy to the public.
Authorizes the river authority to engage in various transmission services
and lease purchases.  

SECTION 45.  Amends Sections 1 and 2, Article 1115a, V.T.C.S., to provide
that this article applies only to a home-rule municipality that owns an
electric utility system, that by ordinance or charter elects to have the
management and control of the system governed by a board of trustees,
rather than this article, and that has outstanding obligations payable in
whole or part, rather than solely, from a secured lien.  Authorizes a
municipality to transfer management and control of the electric utility
system to a board of trustees, rather than a five-member board. Authorizes
the board to establish rates and related terms and conditions for its
municipally owned electric utility.  Makes conforming changes.   

SECTION 46. Amends Subsection (a), Section 151.0101, Tax Code, to redefine
"taxable services." 

SECTION 47.  Amends Subdivision (1), Section 182.021, Tax Code, to
redefine"utility company." 

SECTION 48.  Amends Subchapter 182B, Tax Code, by adding Section 182.027,
as follows: 

Sec. 182.027.  NO EXEMPTION.  Provides that this subchapter applies to a
retail electric provider that is an organizational unit of an electric
cooperative organized under Chapter 161, Utilities Code, that is subject to
retail competition under Chapter 41, Utilities Code, notwithstanding
certain provisions. 

SECTION 49. Repealer:  Section 12.104, Utilities Code (Duties of General
Counsel); 
  Repealer:  Chapter 34, Government Code (Electrical planning);
Repealer:  Subchapters 36F and G, Utilities Code (Partial rate deregulation
available to certain cooperatives, and Rate changes by certain electric
cooperatives); and 
  Repealer:  Section 37.058, Utilities Code (Certificate for electric
generating plant). 

SECTION 50.  Provides that this Act does not hinder a municipality's
historical right to provide electricity and does not affect a retail public
utility's right to provide electric service in accordance with its
certificate of public convenience and necessity.  Authorizes a certificate
to be revoked or modified pursuant to Sections 37.059 and 37.060, Utilities
Code. 

SECTION 51.  Requires the PUC to study and make recommendations by December
15, 2000, for additional legislation that would create a competitive
electric market on January 1, 2002. 

SECTION 52.  Requires the PUC to establish rules and procedures for the
securitization of stranded costs for river authorities and electric
cooperatives, within a certain time period.   

SECTION 53.  Effective date:  September 1, 1999.

SECTION 54.  Emergency clause.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 11.003, Utilities Code, to add definitions and redefine
certain definitions regarding the utility industry. 

SECTIONS 3-4, 6-9, 28, 37-38, 40-43, and 46-48.

 Adds new SECTIONS.

 SECTION 5.  

 Removes definitions regarding the utility industry.

SECTION 11.

Amends Section 32.053, Utilities Code, by adding Subsection (h), regarding
the inapplicability of certain subsections for a corporation created under
Article 717p, V.T.C.S. 

SECTION 13.

Amends Section 35.004, Utilities Code, by adding a reference to electric
cooperatives and areas within ERCOT, and authorizing certain utilities to
create an expense for certain treatment costs. 

SECTION 27.

Amends Subchapter 37B, Utilities Code, by amending Section 37.060 and
adding Section 37.061, to include electric utility requirements regarding
existing service area agreements. 

SECTION 31.

Amends Subchapter 38A, Utilities Code, to obligate utilities to comply with
operational criteria established by the independent organization. 

SECTION 33.

Amends Subtitle 2B, Utilities Code, by adding provisions regarding
operations of multiple power regions; redefining definitions, property
rights, and pricing schemes for securitization; miscellaneous provisions
providing for consumer education of customer choice;  goals for energy
efficiency; an inclusion of displaced workers in certain utility matters; a
legislative oversight committee; a specification on the jurisdiction of the
PUC; rulemaking authority for the comptroller; clarifications regarding the
PUC's code of conduct; specifications for the exclusive jurisdiction of a
municipal governing body; requirements for the issuance of transition
bonds; limitations on municipal authority; retail rate changes by electric
cooperatives; specific instances for certain public power utilities to
disclose or withhold information involving competitive matters; and a
repealer regarding certain duties of a general counsel. 

Amends Sections 52.133, 53.026, and 53.077, Natural Resources Code, to
authorize the general land commissioner to negotiate certain contracts
involving state land.