By Wolens                                              H.B. No. 349
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to competition in retail electric markets.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS
 1-4           SECTION 1.  Subtitle B, Title 2, Utilities Code, is amended
 1-5     by amending Section 31.001 to read as follows:
 1-6           Sec. 31.001.  LEGISLATIVE FINDINGS; PURPOSE OF SUBTITLE.
 1-7     (a)  Significant changes have occurred in the production and
 1-8     delivery of electricity since the Public Utility Regulatory Act was
 1-9     originally adopted.  Conditions exist that will permit the
1-10     introduction of competition in the retail sale of electricity, if
1-11     an appropriate framework for the market is developed and
1-12     legislative safeguards are adopted.  To introduce competitive
1-13     retail electric service and encourage the development of advanced
1-14     electric services, the public interest requires that new rules,
1-15     policies, and principles be formulated.
1-16           (b)  It is the policy of this state to:
1-17                 (1)  encourage a fully competitive electric service
1-18     marketplace;
1-19                 (2)  protect electric service customers from unfair and
1-20     deceptive practices;
1-21                 (3)  maintain the availability of high-quality electric
 2-1     service at affordable prices for all customers; and
 2-2                 (4)  promote diversity of electric service providers.
 2-3           (c)  The policy goals described by Subsection (b) are best
 2-4     achieved by legislation that:
 2-5                 (1)  introduces free market competition in regions and
 2-6     segments of the electric service industry, where competition is
 2-7     feasible;
 2-8                 (2)  continues regulation over essential facilities,
 2-9     including facilities for the delivery of electricity, and in
2-10     markets where competition is not feasible; and
2-11                 (3)  prescribes standards for the protection of the
2-12     public from unfair, deceptive, or anti-competitive practices.
2-13           (d)  A technologically advanced electric service industry
2-14     that provides for broad customer choice of electric services and
2-15     service providers in a truly competitive market will play a
2-16     critical role in the economic future of Texas by raising living
2-17     standards for Texans through:
2-18                 (1)  enhanced economic development;
2-19                 (2)  more efficient use of energy resources in the
2-20     production of goods and the delivery of services by government
2-21     agencies and privately-owned businesses; and
2-22                 (3)  more cost effective and innovative provision of
2-23     electric service to all customers.
2-24           [(a)  This subtitle is enacted to protect the public interest
2-25     inherent in the rates and services of electric utilities.  The
 3-1     purpose of this subtitle is to establish a comprehensive and
 3-2     adequate regulatory system for electric utilities to assure rates,
 3-3     operations, and services that are just and reasonable to the
 3-4     consumers and to the electric utilities.]
 3-5           [(b)  Electric utilities are by definition monopolies in many
 3-6     of the services provided and areas they serve.  As a result, the
 3-7     normal forces of competition that regulate prices in a free
 3-8     enterprise society do not always operate.  Public agencies regulate
 3-9     electric utility rates, operations, and services, except as
3-10     otherwise provided by this subtitle.]
3-11           [(c)  The wholesale electric industry, through federal
3-12     legislative, judicial, and administrative actions, is becoming a
3-13     more competitive industry that does not lend itself to traditional
3-14     electric regulatory rules, policies, and principles.  As a result,
3-15     the public interest requires that rules, policies, and principles
3-16     be formulated and applied to protect the public interest in a more
3-17     competitive marketplace.  The development of a competitive
3-18     wholesale market that allows for increased participation by
3-19     electric utilities and certain nonutilities is in the public
3-20     interest.]
3-21           SECTION 2.  Subtitle B, Title 2, Utilities Code, is amended
3-22     by amending Section 31.002 to read as follows:
3-23           Sec. 31.002.  Definitions.  (1)  "Electric Reliability
3-24     Council of Texas" or "ERCOT" means the area in Texas served by
3-25     electric utilities that are not synchronously interconnected with
 4-1     electric utilities outside of the State of Texas.
 4-2                 (2) [(1)]  "Electric utility" means a person or river
 4-3     authority that owns or operates for compensation in this state
 4-4     equipment or facilities to produce, generate, transmit, distribute,
 4-5     sell, or furnish electricity in this state.  The term includes a
 4-6     lessee, trustee, or receiver of an electric utility and a
 4-7     recreational vehicle park owner who does not comply with Subchapter
 4-8     C, Chapter 184, with regard to the metered sale of electricity at
 4-9     the recreational vehicle park.  The term does not include:
4-10                       (A)  a municipal corporation;
4-11                       (B)  a qualifying facility;
4-12                       (C)  an exempt wholesale generator;
4-13                       (D)  a power marketer;
4-14                       (E)  a corporation described by Section 32.053 to
4-15     the extent the corporation sells electricity exclusively at
4-16     wholesale and not to the ultimate consumer; or
4-17                       (F)  a retail electric provider;
4-18                       (G)  a wholesale power seller; or
4-19                       [(F)] (H)  a person not otherwise an electric
4-20     utility who:
4-21                             (i)  furnishes an electric service or
4-22     commodity only to itself, its employees, or its tenants as an
4-23     incident of employment or tenancy, if that service or commodity is
4-24     not resold to or used by others;
4-25                             (ii)  owns or operates in this state
 5-1     equipment or facilities to produce, generate, transmit, distribute,
 5-2     sell, or furnish electric energy to an electric utility, if the
 5-3     equipment or facilities are used primarily to produce and generate
 5-4     electric energy for consumption by that person; or
 5-5                             (iii)  owns or operates in this state a
 5-6     recreational vehicle park that provides metered electric service in
 5-7     accordance with Subchapter C, Chapter 184.
 5-8                 (3) [(2)]  "Exempt wholesale generator" means a person
 5-9     who is engaged directly or indirectly through one or more
5-10     affiliates exclusively in the business of owning or operating all
5-11     or part of a facility for generating electric energy and selling
5-12     electric energy at wholesale and who:
5-13                       (A)  does not own a facility for the transmission
5-14     of electricity, other than an essential interconnecting
5-15     transmission facility necessary to effect a sale of electric energy
5-16     at wholesale; and
5-17                       (B)  has:
5-18                             (i)  applied to the Federal Energy
5-19     Regulatory Commission for a determination under 15 U.S.C. Section
5-20     79z-5a; or
5-21                             (ii)  registered as an exempt wholesale
5-22     generator as required by Section 35.032.
5-23                 (4)  "Fallback retail electric provider" means the
5-24     retail electric provider designated under Section 39.056.
5-25                 (5) [(3)]  "Power marketer" means a person who:
 6-1                       (A)  becomes an owner of electric energy in this
 6-2     state for the purpose of selling the electric energy at wholesale;
 6-3                       (B)  does not own generation, transmission, or
 6-4     distribution facilities in this state;
 6-5                       (C)  does not have a certificated service area;
 6-6     and
 6-7                       (D)  has:
 6-8                             (i)  been granted authority by the Federal
 6-9     Energy Regulatory Commission to sell electric energy at
6-10     market-based rates; or
6-11                             (ii)  registered as a power marketer under
6-12     Section 35.032.
6-13                 (6) [(4)]  "Qualifying cogenerator" and "qualifying
6-14     small power producer" have the meanings assigned those terms by 16
6-15     U.S.C. Sections 796(18)(C) and 796(17)(D).
6-16                 (7) [(5)]  "Qualifying facility" means a qualifying
6-17     cogenerator or qualifying small power producer.
6-18                 (8) [(6)]  "Rate" includes a compensation, tariff,
6-19     charge, fare, toll, rental, or classification that is directly or
6-20     indirectly demanded, observed, charged, or collected by an electric
6-21     utility for a service, product, or commodity described in the
6-22     definition of electric utility in this section and a rule,
6-23     practice, or contract affecting the compensation, tariff, charge,
6-24     fare, toll, rental, or classification that must be approved by a
6-25     regulatory authority.
 7-1                 (9)  "Renewable Energy Technology" means any technology
 7-2     that exclusively relies on an energy source that is naturally
 7-3     regenerated over a short time scale and derived directly from the
 7-4     sun, indirectly from the sun, or from other natural movements and
 7-5     mechanisms of the environment.  A renewable energy technology does
 7-6     not rely on energy resources derived from fossil fuels, waste
 7-7     products from fossil fuels, or waste products from inorganic
 7-8     sources.
 7-9                 (10)  "Retail electric provider" means a person that
7-10     sells electric service to end use customers in this state.
7-11                 (11) [(7)]  "Transmission service" includes
7-12     construction or enlargement of facilities, transmission over
7-13     distribution facilities, control area services, scheduling
7-14     resources, regulation services, reactive power support, voltage
7-15     control, provision of operating reserves, and any other associated
7-16     electrical service the commission determines appropriate.
7-17                 (12)  "Wholesale power seller" means a person selling
7-18     electric service to another person for resale in this state or
7-19     generating electricity that is intended to be resold.
7-20           SECTION 3.  Subtitle B, Title 2, Utilities Code, is amended
7-21     by adding Chapter 39 to read as follows:
7-22                  CHAPTER 39.  RETAIL ELECTRIC COMPETITION
7-23             SUBCHAPTER A.  INTRODUCTION OF RETAIL COMPETITION. 
7-24           Sec. 39.001.  INTRODUCTION OF RETAIL ELECTRIC COMPETITION.
7-25     (a)  Competition shall be introduced in the retail sale of
 8-1     electricity, and customers of electricity providers shall have the
 8-2     right to choose their retail electric provider, in accordance with
 8-3     this Act.  The introduction of competition shall be consistent with
 8-4     the following principles:
 8-5                 (1)  reliable service to customers;
 8-6                 (2)  competition among numerous producers and sellers
 8-7     of electricity; and
 8-8                 (3)  continued regulation of transmission and
 8-9     distribution service.
8-10           (b)  The commission shall coordinate the activities of
8-11     persons engaged in the sale of electricity to ensure that the
8-12     institutions and procedures necessary to introduce retail
8-13     competition are created and able to operate in a timely and
8-14     efficient manner and shall adopt and enforce such rules as may be
8-15     necessary or appropriate to carry out this Chapter.
8-16           Sec. 39.002.  DATE OF INTRODUCTION OF RETAIL COMPETITION IN
8-17     ERCOT.  Retail competition in ERCOT shall begin on January 1, 2002,
8-18     if the institutions and procedures are in place to permit
8-19     competition in accordance with the principles set out in subsection
8-20     (a) of Section 39.001.  The commission may delay the date for the
8-21     beginning of retail competition, if it finds that these conditions
8-22     are not met.
8-23           Sec. 39.003.  DATE OF INTRODUCTION OF RETAIL COMPETITION IN
8-24     REGIONS OTHER THAN ERCOT.  Retail competition in regions other than
8-25     ERCOT shall begin on a date determined by the commission if it
 9-1     determines that concentration in the generation market meets the
 9-2     requirements of this Chapter, transmission service and rates for
 9-3     the region are conducive to retail competition, and the
 9-4     institutions and procedures are in place to permit competition in
 9-5     accordance with the principles set out in subsection (a) of Section
 9-6     39.001.
 9-7           Sec. 39.004.  LIMITATION ON COMPETITIVE MARKETS FOR AREAS
 9-8     SERVED BY COOPERATIVES AND MUNICIPAL UTILITIES.  (a)  Within a
 9-9     region where competition is introduced under Sections 39.002 and
9-10     39.003, retail competition will be effective, except for an area
9-11     where an electric cooperative or a municipally owned utility, on
9-12     the date of enactment of this Act, is the exclusive service
9-13     provider and has facilities in service in the area to provide
9-14     retail electric service.
9-15           (b)  Within a region where competition is introduced under
9-16     Section 39.002 and 39.003, a majority of the voting members of an
9-17     electric cooperative or a majority of the voting residents of the
9-18     municipality served by a municipally owned utility may elect to
9-19     introduce retail competition in the areas where it is the exclusive
9-20     service provider.
9-21           (c)  An election under this Section shall be irrevocable, and
9-22     shall be filed with the commission.  Such an election shall be
9-23     effective on the date determined by the electric cooperative or
9-24     municipally owned utility.
9-25           (d)  An electric cooperative or municipally owned utility
 10-1    that elects to introduce retail competition under subsection (b) is
 10-2    subject to any code of conduct adopted by the commission pursuant
 10-3    to Section 39.103.
 10-4          (e)  Notwithstanding subsection (a), if an electric
 10-5    cooperative, or its affiliate, or municipally owned utility, or its
 10-6    affiliate, is a retail electric provider in a region outside its
 10-7    certificated service territory where competition has been
 10-8    introduced, then an area where that electric cooperative or
 10-9    municipally owned utility is the exclusive service provider will be
10-10    subject to retail competition if that area is within a region where
10-11    competition has been introduced pursuant to Sections 39.002 and
10-12    39.003.
10-13          Sec. 39.005.  STRANDED COST POLICY STATEMENT.  It is in the
10-14    public interest to allow utilities with uneconomic generation
10-15    related assets and purchased power contracts an opportunity to
10-16    recover the reasonable excess costs over the market value of such
10-17    assets and purchased power contracts.  It is also in the public
10-18    interest to allow customers served by utilities with generation
10-19    related assets and purchased power contracts with costs below their
10-20    market value to continue to benefit from such lower costs.
10-21          Sec. 39.006.  ELIGIBILITY TO RECOVER STRANDED COSTS.  An
10-22    electric utility is eligible for stranded cost recovery as allowed
10-23    by this Chapter only if such electric utility has been found by the
10-24    commission since September 1, 1997, to have potentially stranded
10-25    costs.
 11-1          Sec. 39.007.  RECOVERY OF STRANDED COSTS THROUGH EXISTING
 11-2    RATES.  (a)  An electric utility subject to the commission's
 11-3    jurisdiction may elect to recover stranded costs through its
 11-4    existing rates by notifying the commission no later than October 1,
 11-5    1999, of its election under this section.  From the date of
 11-6    election until January 1, 2002, an electric utility electing under
 11-7    this section shall not be subject to a rate review under Subchapter
 11-8    D of Chapter 36 of this code nor may the electric utility file for
 11-9    a rate increase under Subchapter C of Chapter 36 of this code.  If
11-10    on January 1, 2002, an electric utility electing under this section
11-11    serves in a region in which retail competition has not begun, the
11-12    commission may adjust the rates of such electric utility under
11-13    Subchapter C and D of Chapter 36.  In setting rates, the commission
11-14    shall value generation related assets at the lesser of market value
11-15    or the net book value as reduced by the excess earnings as
11-16    determined by the commission for the period during which rates were
11-17    not subject to review.
11-18          (b)  An electric utility electing under this section shall
11-19    not otherwise have the right to request recovery of stranded costs.
11-20          (c)  An electric utility electing under this section may use
11-21    any profits earned during the period that such an election is in
11-22    effect to recover stranded costs.
11-23          (d)  An electric utility electing under this section may file
11-24    with the regulatory authority for approval of new services,
11-25    discounted rates, or for a reduction of an existing tariff.
 12-1          (e)  An electric utility electing under this section shall
 12-2    continue to be subject to the commission's regulatory authority
 12-3    over fuel costs and charges, and power cost recovery factors.
 12-4          (f)  An electric utility electing under this section shall
 12-5    continue to pay property taxes on its assets over the life of such
 12-6    assets without recognition of the lesser value such assets may have
 12-7    in a competitive market and without any reduction in the taxable
 12-8    value of such assets from the date of election other than normal
 12-9    straight line depreciation.  Such obligation to pay property taxes
12-10    on such assets will survive transfers or sales of such assets.
12-11          Sec. 39.008.  RECOVERY OF STRANDED COSTS BY ACCESS CHARGE.
12-12    (a)  An eligible electric utility that does not elect to recover
12-13    stranded costs through existing rates under Section 39.007 may
12-14    request recovery of stranded costs under this section by notifying
12-15    the commission no later than October 1, 1999, of its desire for
12-16    recovery under this section.
12-17          (b)  An electric utility requesting recovery of stranded
12-18    costs under this section shall file by October 1, 1999, tariffs
12-19    with the appropriate regulatory authority reducing the base rates
12-20    of residential and small commercial customers by 12% and all other
12-21    rate classes except non-firm or curtailable service by 4% as
12-22    compared to base rates in effect January 1, 1996.  Such tariffs
12-23    shall be effective on November 1, 1999.  If it is necessary to hold
12-24    hearings or require the refiling of such tariffs, the rate
12-25    reduction will nonetheless relate back to November 1, 1999.  For
 13-1    purposes of this paragraph, base rates shall be considered to be
 13-2    the non-fuel, non-purchased power portion of rates.  Nothing herein
 13-3    shall prevent the regulatory authority from further adjusting the
 13-4    electric utility's rates as necessary to prevent excessive
 13-5    earnings.
 13-6          (c)  An electric utility recovering stranded costs under this
 13-7    section may quantify its stranded costs by either a market
 13-8    valuation method or by an administrative method.
 13-9                1.  Market valuation methods of quantifying stranded
13-10    costs include bona fide sale of all of the electric utility's
13-11    generation assets under circumstances that provide assurances that
13-12    a fair market price was achieved, a transfer of all of the electric
13-13    utility's generation assets to a separate affiliate that has at
13-14    least twenty percent of its stock publicly traded, and such other
13-15    methods as the commission may determine provide a market valuation.
13-16                2.  Administrative methods of quantifying stranded
13-17    investment are those non-market valuation methods found reasonable
13-18    by the commission for quantifying an electric utility's stranded
13-19    cost.
13-20                3.  Stranded costs shall be the reasonable net excess
13-21    cost over the market value of the electric utility's generation
13-22    related assets and purchased power contracts entered into before
13-23    January 1, 1995, nuclear decommissioning costs, and eligible costs
13-24    associated with improved air quality as provided by Section 39.010.
13-25    In calculating the stranded cost, the value of incumbency shall be
 14-1    considered and used to offset stranded costs.  The quantification
 14-2    shall be done for the date of the market valuation if such method
 14-3    is used or the date expected for retail access in the case of
 14-4    administrative valuation.  The estimated property taxes that would
 14-5    be expected to be due on the excess cost portion of such assets
 14-6    over the balance of the life of the asset but for the transition to
 14-7    a competitive electric market will be included in the
 14-8    quantification of stranded cost.
 14-9                4.  An electric utility requesting recovery under this
14-10    subsection shall submit to the commission a request for approval of
14-11    the electric utility's quantification of its stranded cost and
14-12    proposed access charges.  The commission shall set a schedule for
14-13    the filing of such requests.  Upon application, the commission
14-14    shall determine the level of the electric utility's stranded cost
14-15    and authorize the recovery as provided herein.
14-16          (d)  The commission shall authorize the recovery of stranded
14-17    costs by the imposition of an access charge on a retail electric
14-18    provider for the use of the electric utility's distribution and
14-19    transmission system.
14-20                1.  The commission shall set the access charge or
14-21    charges such that they are reasonably calculated to recover in a
14-22    period of no longer than fifteen years, one hundred percent of the
14-23    stranded costs of an electric utility that has chosen a market
14-24    valuation method of quantification of stranded cost or seventy
14-25    percent of the stranded costs of an electric utility that has
 15-1    chosen an administrative method of quantification of stranded cost.
 15-2    Upon the electric utility's or the commission's own motion, the
 15-3    commission may adjust the access charge as necessary to ensure that
 15-4    the access charge does not recover more than the electric utility's
 15-5    allowed stranded cost and that the electric utility has a
 15-6    reasonable opportunity to recover its allowed stranded costs.  In a
 15-7    proceeding to adjust the access charge, the commission may not
 15-8    consider adjusting its previous quantification of allowed stranded
 15-9    cost.  Such access charges shall fairly allocate the costs of
15-10    stranded investment among customer classes consistent with the
15-11    allocation of the underlying asset(s) and shall not be
15-12    preferential, discriminatory, or anticompetitive.
15-13                2.  The unrecovered balance of the allowed stranded
15-14    costs shall earn a 7% return on equity if the electric utility has
15-15    chosen an administrative method of quantification or the weighted
15-16    cost of capital as determined by the commission if the electric
15-17    utility has chosen a market valuation method.
15-18                3.  Upon expiration of the access charge, the electric
15-19    utility shall file with the commission a reconciliation of the
15-20    access charges collected with the amount of stranded investment
15-21    determined by the commission to be eligible for recovery. If the
15-22    commission determines that the electric utility collected access
15-23    charges in excess of the stranded costs and their carrying costs,
15-24    the commission shall order a refund of the overcollections plus
15-25    interest.  An electric utility may not seek recovery of stranded
 16-1    costs not collected through the access charge.
 16-2                4.  An electric utility electing to recover stranded
 16-3    costs under this section shall continue to pay property taxes on
 16-4    its assets that have stranded cost associated with them over the
 16-5    balance of the life of the asset as if the stranded cost portion
 16-6    quantified by the commission was still part of the value of such
 16-7    asset.  The value of such stranded cost for property tax purposes
 16-8    shall only be reduced by straight line depreciation over the
 16-9    balance of the life of the asset.
16-10          Sec. 39.009.  FLOW THROUGH OF BELOW MARKET COSTS.  (a)  The
16-11    commission may require an electric utility with generation related
16-12    assets and purchased power costs that are below market value as
16-13    determined by the commission to flow through seventy five percent
16-14    of the benefit of the lower cost to its customers.  The commission
16-15    shall flow through the benefit by imposing a negative access charge
16-16    on the customers of the electric utility's distribution and
16-17    transmission system.
16-18          (b)  The commission shall set the access charge or charges
16-19    such that they are reasonably calculated to recover in a period of
16-20    no longer than fifteen years the benefit of the below market costs
16-21    of an electric utility.  The commission may use any reasonable
16-22    means consistent with the methods used for quantifying stranded
16-23    costs to determine the amount of benefit that should be flowed to
16-24    the customers.  Upon the electric utility's or the commission's own
16-25    motion, the commission may adjust the negative access charge as
 17-1    necessary to ensure that the negative access charge does not flow
 17-2    through to the customers more or less than the amount by which the
 17-3    electric utility's generation assets and purchased power contracts
 17-4    are below market.  In a proceeding to adjust the negative access
 17-5    charge, the commission may not adjust its previous quantification
 17-6    of stranded cost.  Such negative access charges shall fairly
 17-7    allocate the benefits of below market costs among customer classes
 17-8    consistent with the allocation of the underlying asset(s) and shall
 17-9    not be preferential, discriminatory, or anticompetitive.
17-10          (c)  Upon expiration of the negative access charge, the
17-11    electric utility shall file with the commission a reconciliation of
17-12    the access charges collected with the amount of benefit of below
17-13    market cost determined by the commission to be flowed through to
17-14    the customers.  Any difference between the amount of the negative
17-15    access charge flowed through to the customer and the amount of the
17-16    benefit of below market cost shall be refunded or surcharged as
17-17    appropriate to the customers of the utility's distribution and
17-18    transmission customers.
17-19          Sec. 39.010.  STRANDED COSTS RELATED TO AIR QUALITY.  (a)  A
17-20    cost incurred by an electric utility to improve air quality is
17-21    eligible for stranded cost recovery if:
17-22                (1)  the cost is applied to retrofit electric
17-23    generating facilities that have not obtained air quality
17-24    authorization pursuant to 30 T.A.C. Chapter 116;
17-25                (2)  the cost is incurred prior to January 1, 2001; and
 18-1                (3)  the electric utility demonstrates that the
 18-2    incurred cost is more economical than retirement of the generating
 18-3    facility.
 18-4          (b)  With the exception of costs qualifying under Subsection
 18-5    (a), any cost incurred by an electric utility that is not included
 18-6    in the electric utility's existing rates in effect on January 1,
 18-7    1998, to achieve emissions reductions that exceed applicable
 18-8    federal or state standards at the time the cost is incurred is not
 18-9    eligible for stranded cost recovery.
18-10          Sec. 39.011.  FEDERAL INCOME TAXES.  The Commission may enter
18-11    such orders as are necessary and in the public interest with regard
18-12    to potential federal income tax liability of entities participating
18-13    in the electric service market in Texas resulting from either the
18-14    restructuring of the electric utility industry directly or changes
18-15    in federal tax law in response to such restructuring.  In entering
18-16    such orders, the commission shall consider the federal tax burden
18-17    on electric utilities and their customers and the effect that such
18-18    federal tax burden may have on competition.
18-19                      SUBCHAPTER B.  MARKET STRUCTURE
18-20          Sec. 39.051.  ESSENTIAL ORGANIZATIONS.  (a)  In order to
18-21    permit retail competition, it is essential to establish and operate
18-22    in a region one or more independent organizations to perform the
18-23    following functions:
18-24                (1)  ensure access to the transmission and distribution
18-25    systems for all buyers and sellers of electricity on
 19-1    non-discriminatory terms;
 19-2                (2)  ensure the reliability of the regional electrical
 19-3    network; and
 19-4                (3)  ensure that a customer's choice of retail electric
 19-5    provider is conveyed in a timely manner to the persons who need
 19-6    such information and that electricity production and delivery are
 19-7    accurately accounted for among the generators and wholesale buyers
 19-8    and sellers in the region.
 19-9          (b)  For the purpose of this section, an independent
19-10    organization consists of an independent system operator or other
19-11    person that is sufficiently independent of any producer or seller
19-12    of electricity that its decisions will not be unduly influenced by
19-13    any producer or seller.  An entity will be deemed to be independent
19-14    if it is:
19-15                (1)  governed by a board that has equal representation
19-16    of all segments of the electric market, including retail customers;
19-17    or
19-18                (2)  not affiliated with any person who produces or
19-19    sells electricity in the electric market in this state and is
19-20    governed by a board that consists of persons who have no
19-21    affiliation with persons who produce or sell electricity in the
19-22    electric market in this state.
19-23          (c)  The commission shall determine the appropriate regions
19-24    for the independent organizations prescribed by this section and
19-25    shall certify an organization or organizations to perform the
 20-1    functions set out in this section.
 20-2          (d)  An independent organization certified by the commission
 20-3    for a region may establish and enforce procedures, consistent with
 20-4    this Act and the commission's rules, relating to the reliability of
 20-5    the regional electrical network and accounting for the production
 20-6    and delivery of electricity among generators and wholesale buyers
 20-7    and sellers.  The rules shall be subject to commission oversight
 20-8    and review.
 20-9          (e)  The commission may authorize an independent organization
20-10    that is certified under this section to charge a reasonable rate to
20-11    wholesale buyers and sellers to cover the independent
20-12    organization's costs.
20-13          (f)  In implementing this section, the commission may
20-14    cooperate with the utility regulatory commission of another state
20-15    or the federal government, and may hold a joint hearing or make a
20-16    joint investigation with that commission.
20-17          (g)  The existing independent system operator in ERCOT will
20-18    meet the criteria set out in this section with respect to access to
20-19    the transmission systems for all buyers and sellers of electricity
20-20    in the ERCOT region and ensuring the reliability of the regional
20-21    electrical network, if it amends its governance rules to allow
20-22    representation reflecting the make-up of the retail market on its
20-23    governing board, in accordance with subsection (b).  The criteria
20-24    relating to the other functions set out in subsection (a) may be
20-25    met by adopting procedures and acquiring the resources needed to
 21-1    carry out those functions.  The commission shall determine whether
 21-2    the ERCOT independent system operator may be certified as meeting
 21-3    the criteria relating to subsections (a) and (b).
 21-4          Sec. 39.052.  OBLIGATIONS OF ELECTRIC UTILITIES.  (a)  An
 21-5    electric utility or municipally owned utility that owns or operates
 21-6    transmission or distribution facilities in an area where retail
 21-7    competition has been introduced shall provide transmission or
 21-8    distribution service on a non-discriminatory basis.
 21-9          (b)  In areas where retail competition has been introduced,
21-10    an electric utility is responsible for obtaining a franchise
21-11    agreement from each municipality in which it has distribution
21-12    facilities.  Municipalities may not require retail electric
21-13    providers to obtain franchise agreements except to the extent that
21-14    the retail electric provider may own facilities on the streets,
21-15    alleys, or right of ways within a municipality.
21-16          Sec. 39.053.  METERING.  For a period ending January 1, 2004,
21-17    in areas in which competition is introduced on January 1, 2002, or
21-18    in other areas for a period of two years after the introduction of
21-19    competition, the electric utility shall retain the function of
21-20    metering electricity usage to the retail electric customers in its
21-21    certificated service territory.  At the conclusion of such period,
21-22    metering shall become a competitive service.  Nothing in this
21-23    section shall prevent a retail electric provider, with the
21-24    permission of the retail customer, from providing additional or
21-25    enhanced metering devices on the customer's premises.
 22-1          Sec. 39.054.  REGULATION OF ELECTRIC UTILITIES.  (a)  After
 22-2    the introduction of retail competition, an electric utility may not
 22-3    sell electric service to customers or own facilities for the
 22-4    generation of electricity.  This subsection
 22-5          (b)  Every electric utility shall maintain accurate records
 22-6    that will permit it to bill the appropriate person for transmission
 22-7    and distribution services that it provides.  The commission shall
 22-8    adopt rules and oversee the development of the systems governing:
 22-9                (1)  notification and recording of changes in the
22-10    retail electric provider serving a retail customer;
22-11                (2)  maintenance of accurate records of the retail
22-12    electric provider serving each retail customer; and
22-13                (3)  maintenance of accurate records of the electric
22-14    utility providing distribution service in each area of the state
22-15    where retail competition is in effect.
22-16          Sec. 39.055.  RETAIL ELECTRIC PROVIDER.  (a)  A retail
22-17    electric provider may provide electricity to any customer in Texas
22-18    in an area where retail competition has been introduced under
22-19    Section 39.002 or 39.003.
22-20          (b)  A person who owns facilities for the generation of
22-21    electricity may sell electric service at retail only by becoming a
22-22    licensed retail electric provider under this Act.
22-23          (c)  A retail electric customer who does not affirmatively
22-24    select a retail electric provider shall be served by the retail
22-25    electric provider that is affiliated with or the successor in
 23-1    interest of the electric utility serving that customer on the day
 23-2    immediately prior to the introduction of retail competition, or if
 23-3    there is no such provider, by the fallback retail electric provider
 23-4    designated under Section 39.056.  The right of the retail electric
 23-5    provider to serve customers who do not choose shall be considered
 23-6    in determining the value of incumbency under Section 39.008.
 23-7          Sec. 39.056.  FALLBACK RETAIL ELECTRIC PROVIDER.  (a)  The
 23-8    commission shall designate fallback retail electric providers in
 23-9    areas of the state in which retail competition is in effect.
23-10          (b)  A fallback retail electric provider shall offer a
23-11    standard retail service package for each class of customers
23-12    designated by the commission at a fixed, non-discountable rate
23-13    approved by the commission.
23-14          (c)  A fallback retail electric provider shall provide the
23-15    standard retail service package to any requesting customer in the
23-16    territory for which it is the fallback retail electric provider.
23-17          (d)  For all areas of the state in which retail competition
23-18    is introduced on January 1, 2002, the commission shall designate
23-19    the fallback retail electric provider or providers no later June 1,
23-20    2001.  For areas of the state in which retail competition is not
23-21    introduced on January 1, 2002, the commission shall designate the
23-22    fallback retail electric provider or providers at the earliest
23-23    feasible date after determining that conditions for permitting
23-24    competition in that area have been met, but at least six months
23-25    before retail competition begins.  The commission shall determine
 24-1    the procedures and criteria, which may include solicitation of
 24-2    bids, for designation of a fallback retail electric provider or
 24-3    providers.  The commission may redesignate the fallback retail
 24-4    electric provider according to a schedule it deems appropriate.
 24-5          (e)  In the event that no retail electric provider applies to
 24-6    be the fallback retail electric provider for a given area of the
 24-7    state on reasonable terms and conditions, the commission may
 24-8    require a retail electric provider to become the fallback retail
 24-9    electric provider as a condition of receiving or maintaining a
24-10    license pursuant to Section 39.121.
24-11          (f)  In the event that a retail electric provider fails to
24-12    serve any or all of its customers, the fallback retail electric
24-13    provider shall offer each such customer in each customer class the
24-14    standard retail service package for that class with no interruption
24-15    of service to any customer.
24-16                       SUBCHAPTER C.  MARKET POWER. 
24-17          Sec. 39.101.  COMMISSION ASSESSMENT OF MARKET POWER.  (a)
24-18    Each person, municipally owned utility, and river authority that
24-19    owns generation facilities and offers electricity for sale in this
24-20    state shall report to the commission its installed generation
24-21    capacity, the total amount of capacity available for sale to
24-22    others, the total amount of capacity under contract to others, the
24-23    total amount of capacity dedicated to its own use, its annual
24-24    wholesale power sales in the state, its annual retail power sales
24-25    in the state, and any other information necessary for the
 25-1    commission to assess market power or the development of a
 25-2    competitive retail market in Texas.  The commission shall by rule
 25-3    prescribe the nature and detail of such reporting requirements.
 25-4          (b)  The Electric Reliability Council of Texas independent
 25-5    system operator shall submit an annual report to the commission
 25-6    identifying existing and potential transmission and distribution
 25-7    constraints, system needs, alternatives for meeting system needs,
 25-8    and recommendations for meeting system needs.  The first report
 25-9    shall be submitted on or before October 1, 1999.  Subsequent
25-10    reports shall be submitted by January 15 of each year or as
25-11    determined necessary by the commission.
25-12          (c)  Electric utilities owning transmission and distribution
25-13    facilities outside the Electric Reliability Council of Texas shall
25-14    report to the commission existing and potential transmission and
25-15    distribution constraints, system needs, alternatives for meeting
25-16    system needs, and recommendations for meeting system needs as
25-17    directed by the commission.
25-18          (d)  On or before January 31, 2000, the commission shall
25-19    determine the geographic markets for assessing market power in
25-20    Texas.  Thereafter, the commission shall determine the geographic
25-21    markets for assessing market power in Texas as necessary to
25-22    implement Section 39.102.
25-23          (e)  In determining the boundaries of geographic markets
25-24    under this section, the commission shall consider whether the
25-25    available transmission facilities limit the delivery of electricity
 26-1    from remote generators.
 26-2          (f)  For electric utilities operating within the Electric
 26-3    Reliability Council of Texas, the geographic market is the Electric
 26-4    Reliability Council of Texas, unless the commission determines that
 26-5    specific transmission, distribution, or other constraints exist for
 26-6    a given geographic area within the Electric Reliability Council of
 26-7    Texas such that returns in excess of the reasonable cost of capital
 26-8    may be earned in the long-run without inducing entry of additional
 26-9    competitors in the specific geographic area.  Upon such a finding,
26-10    the commission shall determine the appropriate geographic market
26-11    for an electric utility operating within the Electric Reliability
26-12    Council of Texas.
26-13          Sec. 39.102.  LIMITATION OF OWNERSHIP OF INSTALLED CAPACITY.
26-14    (a)  The commission shall determine the amount of installed
26-15    capacity available  for sale to others in each geographic market.
26-16    Upon and after introduction of retail competition under Section
26-17    39.002 or 39.003, no person may own, operate or control more than
26-18    twenty percent of the installed generation capacity in each
26-19    geographic market.
26-20          (b)  In determining the shares of generation capacity under
26-21    this subsection, capacity owned by a person and an entity that is
26-22    affiliated with that person shall be combined.
26-23          (c)  For electric utilities operating within the Electric
26-24    Reliability Council of Texas, the commission shall establish a
26-25    schedule for each electric utility owning more than twenty percent
 27-1    of the installed capacity in a geographic market to submit a plan
 27-2    to the commission to comply with this section by December 31, 2001.
 27-3          (d)  For electric utilities operating outside the geographic
 27-4    boundaries of the Electric Reliability Council of Texas, the
 27-5    commission shall, after determining that the conditions necessary
 27-6    for competition as specified in Section 39.001 exist in the
 27-7    geographic market, establish a schedule for each electric utility
 27-8    owning more than twenty percent of the installed capacity in the
 27-9    geographic market to submit a plan to the commission to comply with
27-10    this section.
27-11          (e)  The commission shall approve, modify, or reject each
27-12    plan as necessary to ensure a robust competitive generation market
27-13    consistent with the public interest within 180 days of the plan
27-14    being submitted to the commission for approval.  In reaching its
27-15    determination, the commission shall consider:
27-16                (1)  the degree to which the electric utility's
27-17    stranded costs, if any, are minimized;
27-18                (2)  whether on disposition of the generation asset(s)
27-19    the reasonable value is likely to be received;
27-20                (3)  the effect of the plan on the electric utility's
27-21    federal income taxes;
27-22                (4)  the effect of the plan on the environment;
27-23                (5)  the effect of the plan on current and potential
27-24    competitors in the generation market; and
27-25                (6)  whether the plan is consistent with the public
 28-1    interest.
 28-2          Sec. 39.103.  COMMISSION AUTHORITY TO ADDRESS MARKET POWER.
 28-3    (a)  The commission shall monitor market power associated with the
 28-4    generation, transmission, distribution, and sale of electricity in
 28-5    this state.  Upon a finding, after notice and opportunity for
 28-6    hearing, that undue market power abuses are occurring, the
 28-7    commission shall require reasonable mitigation of the market power
 28-8    by ordering the construction of additional transmission or
 28-9    distribution facilities, by instituting price cap regulation, by
28-10    setting appropriate restrictions on sales of electricity, by
28-11    establishing limitations on the use of generation, transmission, or
28-12    distribution facilities, or any other reasonable remedy, except for
28-13    mandatory divestiture or other required sales of assets.
28-14          (b)  Upon and after introduction of retail competition, no
28-15    person, municipally owned utility, or river authority that owns
28-16    generation facilities may own transmission or distribution
28-17    facilities in this state except for those facilities necessary to
28-18    interconnect a generation facility with the transmission or
28-19    distribution network.  However, nothing in this Chapter shall
28-20    prohibit an affiliate of an electric utility from owning generation
28-21    facilities.
28-22          (c)  In order to avoid potential market power abuses, the
28-23    commission shall adopt rules to govern transactions or activities
28-24    between an electric utility and its affiliates.
28-25          Sec. 39.104.  MERGERS AND CONSOLIDATIONS.  (a)  Any owner of
 29-1    electric generation that offers electricity for sale in this state
 29-2    and proposes to merge, consolidate, or otherwise become affiliated
 29-3    with any other owner of electric generation that offers electricity
 29-4    for sale in this state shall obtain the approval of the commission
 29-5    prior to closing.  Such approval shall be requested at least 120
 29-6    days prior to the proposed closing.  The commission shall approve
 29-7    the transaction unless the commission finds that the transaction is
 29-8    inconsistent with the public interest or state or federal antitrust
 29-9    laws.  If the commission finds that the transaction as proposed is
29-10    inconsistent with the public interest, the commission may condition
29-11    approval of the transaction upon adoption of reasonable
29-12    modifications to the transaction as determined by the commission to
29-13    mitigate potential market power abuses.
29-14          (b)  Any retail electric provider that proposes to merge,
29-15    consolidate, or otherwise become affiliated with any other retail
29-16    electric provider in this state shall obtain the approval of the
29-17    commission prior to closing.  Such approval shall be requested at
29-18    least 120 days prior to the proposed closing.  The commission shall
29-19    approve the transaction unless the commission finds that the
29-20    transaction is inconsistent with the public interest or state or
29-21    federal antitrust laws, or that the merged entity fails to satisfy
29-22    Section 39.121.  If the commission finds that the transaction as
29-23    proposed is inconsistent with the public interest, the commission
29-24    may condition approval of the transaction upon adoption of
29-25    reasonable modifications to the transaction as determined by the
 30-1    commission to mitigate potential market power abuses.
 30-2          (c)  Nothing in this section shall confer immunity from state
 30-3    or federal antitrust laws.  This section is intended to complement
 30-4    other state and federal antitrust provisions.  Therefore, antitrust
 30-5    remedies may also be sought in state or federal court to remedy
 30-6    anticompetitive activities.
 30-7                 SUBCHAPTER D.  LICENSING AND REGISTRATION
 30-8          Sec. 39.121.  LICENSING OF RETAIL ELECTRIC PROVIDERS.  (a)
 30-9    In areas where retail competition has been introduced, no person,
30-10    including an affiliate of an electric utility, may provide retail
30-11    electric service in this state unless the person obtains a license
30-12    from the commission as a retail electric provider, in accordance
30-13    with this section.
30-14          (b)  No license is necessary for a municipally owned utility
30-15    or distribution cooperative to provide retail electric service to
30-16    the areas where it is providing electric service on the date of
30-17    enactment of this Act or is authorized to provide electric service
30-18    under a certificate of public convenience and necessity.
30-19          (c)  The commission shall issue a license to provide retail
30-20    electric service to a person applying for such a license who
30-21    demonstrates:
30-22                (1)  the financial and technical capability to provide
30-23    continuous and reliable electric service to customers in the area
30-24    for which the license is sought; and
30-25                (2)  the organization, personnel, and other resources
 31-1    needed to meet the customer protection requirements of this Act.
 31-2          Sec. 39.122.  REGISTRATION OF WHOLESALE POWER SELLERS.
 31-3    (a)  Except as provided in this section, a person may not sell
 31-4    electricity for resale, unless the person registers with the
 31-5    commission as a wholesale power seller, in accordance with this
 31-6    section.  A person may register as a wholesale power seller by
 31-7    filing the following information with the commission:
 31-8                (1)  a description of the location of any facility used
 31-9    to generate electricity;
31-10                (2)  a description of the type of services provided;
31-11                (3)  a copy of any information filed with the Federal
31-12    Energy Regulatory Commission in connection with registration with
31-13    that commission; and
31-14                (4)  any other information required by commission rule.
31-15          (b)  A wholesale power seller shall comply with the
31-16    reliability standards adopted by an independent organization
31-17    certified by the commission to ensure the reliability of the
31-18    regional electrical network for a region in which the wholesale
31-19    power seller is generating electricity or transmitting or selling
31-20    electricity.
31-21          Sec. 39.123.  REVOCATION OF LICENSE OR REGISTRATION.  (a)
31-22    The commission may suspend, revoke, or amend a retail electric
31-23    provider's license for significant violations of this Act, or the
31-24    rules adopted pursuant to this Act.  The commission may also
31-25    suspend or revoke a retail electric provider's license if it no
 32-1    longer has the financial or technical capability to provide
 32-2    continuous and reliable electric service.
 32-3          (b)  The commission may suspend or revoke a wholesale power
 32-4    seller's registration for significant violations of this Act, the
 32-5    rules adopted pursuant to this Act, or the reliability standards
 32-6    adopted by an independent organization certified by the commission
 32-7    to ensure the reliability of the regional electrical network.
 32-8          Sec. 39.124.  LOCAL REGISTRATION OF RETAIL ELECTRIC
 32-9    PROVIDERS.  (a)  A municipality may require a retail electric
32-10    provider to register with the municipality as a condition of
32-11    serving residents of the municipality.  The municipality may assess
32-12    a reasonable administrative fee for this purpose.
32-13          (b)  The municipality may suspend or revoke a retail electric
32-14    provider's registration and operation in that municipality for
32-15    significant violations of this Act or the rules adopted pursuant to
32-16    this Act.
32-17                          SUBCHAPTER E. PLANNING
32-18          Sec. 39.151.  PLANNING FOR ELECTRIC UTILITIES SUBJECT TO
32-19    SECTIONS 39.002 AND 39.003.  Chapter 34 does not apply in regions
32-20    subject to competition under Sections 39.002 and 39.003.
32-21          Sec. 39.152.  RENEWABLE ENERGY TECHNOLOGIES.  (a)  It is the
32-22    goal and intent of the Legislature that by January 1, 2005,
32-23    renewable energy technologies comprise no less than three percent
32-24    of the installed electric generation capacity that is physically
32-25    located in the state and available to sell power at wholesale or
 33-1    retail.
 33-2          (b)  The introduction of competition and retail customer
 33-3    choice is expected to create opportunities that will stimulate the
 33-4    economic development of renewable energy technologies in the state
 33-5    to a level that achieves the goal of Subsection (a) through the
 33-6    reliance upon market forces alone.
 33-7          (c)  On January 1, 2003, if the commission finds that
 33-8    renewable energy technologies comprise less than 1.5 percent of the
 33-9    electric generation capacity as defined in Subsection (a), market
33-10    failure shall be assumed.
33-11          (d)  Should market failure occur, the commission shall take
33-12    appropriate measures, as it deems appropriate, to meet the goal of
33-13    Subsection (a), including, but not limited to, the imposition of a
33-14    non-bypassable charge to fund renewable energy technology
33-15    development or tradable renewable energy credits.
33-16                     SUBCHAPTER F. CUSTOMER PROTECTION
33-17          Sec. 39.171.  CUSTOMER PROTECTION POLICY.  (a)  The
33-18    legislature finds that introducing competition in the retail
33-19    electric market will create a number of new opportunities for
33-20    customers and retail electric providers.  These new opportunities
33-21    may be confusing for some customers, who are not accustomed to a
33-22    choice of services or service providers.  Without customer
33-23    protections, customers may be misled by fraudulent or deceptive
33-24    business practices or by businesses that do not have the technical
33-25    and financial resources to provide adequate service.
 34-1          (b)  The purpose of this Chapter is to establish customer
 34-2    protection standards and confer on the commission broad authority
 34-3    to adopt and enforce rules to protect customers from unfair,
 34-4    deceptive, or anti-competitive practices.
 34-5          Sec. 39.172.  CUSTOMER PROTECTION STANDARDS.  (a)  All buyers
 34-6    of electricity in a competitive retail market shall have the
 34-7    following rights to:
 34-8                (1)  protection from unfair, misleading, or deceptive
 34-9    practices, including protection from being billed for services that
34-10    were not authorized or provided;
34-11                (2)  choose a service provider and have that choice
34-12    honored;
34-13                (3)  the privacy of customer consumption and credit
34-14    information;
34-15                (4)  mandatory disclosure of information by retail
34-16    electric providers concerning rates, key terms and conditions, and
34-17    the environmental impact of their production facilities;
34-18                (5)  protection from discrimination on the basis of
34-19    race, sex, nationality, religion, color, or marital status;
34-20                (6)  impartial and prompt resolution of disputes with a
34-21    retail electric provider; and
34-22                (7)  accuracy of metering and billing.
34-23          (b)  In addition to the rights prescribed under Subsection
34-24    (a), residential and small commercial customers in a competitive
34-25    retail market shall have the following rights to:
 35-1                (1)  rescind a selection of a retail electric provider
 35-2    within three days of making the selection without penalty;
 35-3                (2)  receive a complete and timely response to
 35-4    complaints and inquiries, and advance written notification of
 35-5    changes in rates;
 35-6                (3)  the disclosure of information by retail electric
 35-7    providers concerning rates and key terms and conditions in English
 35-8    and Spanish, in language that is readily understandable by
 35-9    customers; and
35-10                (4)  operation of a customer information center, with a
35-11    working telephone number and valid postal address, where customers
35-12    can reach a retail electric provider concerning questions and about
35-13    prices, bills, and other customer issues; and
35-14                (5)  receive a single bill that combines the costs of
35-15    regulated and competitive electric services, and which indicates
35-16    the average total cost per kilowatt-hour used during the billing
35-17    period.
35-18          (c)  A program for assistance to low-income customers shall
35-19    be established by the commission, which shall be funded by a charge
35-20    not to exceed $0.05 per megawatt-hour that will be collected from
35-21    all customers in an equitable manner and used for electricity
35-22    assistance programs for low-income customers, as determined by the
35-23    commission.  All funds from the charge shall be remitted to the
35-24    Comptroller of Public Accounts and fully disbursed as directed by
35-25    the Texas Department of Housing and Community Affairs to support
 36-1    qualifying programs.
 36-2          (d)  Beginning September 1, 2000, the commission shall
 36-3    conduct customer education campaigns in connection with the
 36-4    initiation of competition in retail electric service.  The
 36-5    campaigns shall be designed and conducted to provide residential
 36-6    and small commercial customers objective information concerning the
 36-7    initiation of retail competition and the energy service options
 36-8    available to them.  The commission may engage independent
 36-9    consultants and shall consult with the Public Utility Counsel in
36-10    developing the campaigns and information to be provided to
36-11    customers in the campaigns.  The commission may enter contracts for
36-12    professional services to carry out the customer education
36-13    campaigns.  The campaigns shall be designed to provide broad
36-14    dissemination of information to the public and shall include
36-15    efforts to reach persons who are not proficient in English or are
36-16    otherwise difficult to reach through standard communications media.
36-17          (e)  The commission shall conduct an on going customer
36-18    education campaign designed to help customers make informed choices
36-19    of electric services and retail electric providers.  As a part of
36-20    such an education campaign, the commission may provide customers
36-21    information concerning specific retail electric providers, such as
36-22    the instances of complaints against them and records relating to
36-23    quality of service.
36-24          (f)  The commission shall adopt and enforce such rules as may
36-25    be necessary or appropriate to carry out this Subchapter, including
 37-1    but not limited to rules for minimum service standards for retail
 37-2    electric providers relating to customer deposits and the extension
 37-3    of credit, switching fees, levelized billing programs, termination
 37-4    of service, and quality of service.
 37-5          Sec. 39.173.  RESOLUTION OF DISPUTES.  The commission is
 37-6    authorized to resolve disputes between a customer and a retail
 37-7    electric provider.  The commission may order a retail electric
 37-8    provider to refund overcharges or unauthorized charges or make
 37-9    other restitution, where the retail electric provider has failed to
37-10    comply with the commission's customer protection rules or a
37-11    contract with the customer.  If the commission finds that a retail
37-12    electric provider has failed to honor a customer's choice of
37-13    service provider, it may order other appropriate relief, including
37-14    the restoration of the customer's choice of service provider,
37-15    penalties, and compensation for the customer's losses.  The
37-16    commission may adopt rules to require the continuation of service
37-17    to a residential or small commercial customer during the pendency
37-18    of a dispute.
37-19          Sec. 39.174.  ACCESS TO PREMISES.  A person leasing or using
37-20    a building, space within a building, or any other facility that is
37-21    separately metered for electric service shall have the right to
37-22    choose a retail electric provider and the owner of the building or
37-23    facility shall grant access to the building or facility on
37-24    reasonable, non-discriminatory terms, to permit the installation,
37-25    maintenance, and reading of meters, as necessary to accommodate the
 38-1    needs of the retail electric provider.
 38-2          Sec. 39.175.  LIMITATIONS ON TELEPHONE SOLICITATION.  No
 38-3    person shall make or cause to be made any telephone solicitation to
 38-4    any customer who has given notice to the commission of the
 38-5    customer's objection to receiving telephone solicitations.  The
 38-6    commission shall establish and provide for the operation of a data
 38-7    base to compile a list of customers who object to receiving
 38-8    telephone solicitations.  Such data base may be operated by the
 38-9    commission or by another entity under contract with the commission.
38-10    Each customer shall be charged a fee not to exceed $5.00 for
38-11    inclusion in the data base established under this section.
38-12                    SUBCHAPTER G. GENERAL PROVISIONS. 
38-13          Sec. 39.201.  REPORTS.  The commission may require a retail
38-14    electric provider or wholesale power producer or seller to submit a
38-15    report to the commission concerning any matter over which it has
38-16    authority under this Act.
38-17          Sec. 39.202.  COMMISSION AUTHORITY.  The commission shall
38-18    adopt and enforce rules as may be necessary or appropriate to carry
38-19    out this Chapter.
38-20          Sec. 39.203.  PENALTIES.  The commission may impose
38-21    administrative penalties on an electric utility, a retail electric
38-22    provider, or a wholesale electric seller using the procedures set
38-23    out in Sections 15.024 through 15.033.
38-24          Sec. 39.204.  COOPERATION WITH OTHER REGULATORY AUTHORITIES.
38-25    In regulating the rates, operations, and services of an electric
 39-1    utility that provides service in another state, the commission may
 39-2    cooperate with the utility regulatory commission of the other state
 39-3    or the federal government and may hold a joint hearing or make a
 39-4    joint investigation with that commission.
 39-5          SECTION 4.  Subtitle A, Title 2, Utilities Code, is amended
 39-6    by amending Section 12.005 to read as follows:
 39-7          Sec. 12.005.  APPLICATION OF SUNSET ACT.  The Public Utility
 39-8    Commission of Texas is subject to Chapter 325, Government Code
 39-9    (Texas Sunset Act).  Unless continued in existence as provided by
39-10    that chapter, the commission is abolished and this title expires
39-11    September 1, 200[1]3.
39-12          SECTION 5.  Subtitle A, Title 2, Utilities Code, is amended
39-13    by amending Section 16.001 to read as follows:
39-14          Sec. 16.001.  ASSESSMENTS UPON PUBLIC UTILITIES.  (a)  To
39-15    defray the expenses incurred in the administration of this title,
39-16    and assessment is imposed on each public utility and retail
39-17    electric provider within the jurisdiction of the commission that
39-18    serves the ultimate consumer, including each interexchange
39-19    telecommunications carrier.
39-20          (b)  An assessment under this section is equal to one-sixth
39-21    of one percent of the public utility's or retail electric
39-22    provider's gross receipts from rates charged to the ultimate
39-23    consumers in this state.
39-24          (c)  An interexchange telecommunications carrier that does
39-25    not provide local exchange service may collect the fee imposed
 40-1    under this section as an additional item separately stated on the
 40-2    customer bill as "utility gross receipts assessment."
 40-3          SECTION 6.  Chapter 182, Tax Code, is amended by amending
 40-4    Section 182.021 to read as follows:
 40-5          Sec. 182.021.  UTILITY COMPANIES.  (1)  "Utility company"
 40-6    means a person who owns or operates a gas, electric light, electric
 40-7    power, or water works, or water and light plant used for local sale
 40-8    and distribution located within an incorporated city or town in
 40-9    this state or who is a retail electric provider as that term is
40-10    defined in Section 31.002 of the Utilities Code that makes local
40-11    sales within an incorporated city or town in this state.  A person
40-12    who owns an electric light or electric power plant used for
40-13    distribution but that does not make retail sales to the ultimate
40-14    consumer within an incorporated city or town in this state is not a
40-15    "utility company."  However, for purposes of Section 182.025 alone,
40-16    "utility company" does not include a retail electric provider as
40-17    that term is defined in Section 31.002 of the Utilities Code, but
40-18    does include a person who owns an electric light or electric power
40-19    plant used for distribution even if that person does not make
40-20    retail sales to the ultimate consumer within an incorporated city
40-21    or town in this state.
40-22                (2)  "Business" means the providing of gas, electric
40-23    light, electric power, or water.
40-24                (3), (4)  Repealed by Acts 1991, 72nd Leg., 1st C.S.,
40-25    ch.5, Sec.17.06, eff. Sept. 1, 1991.
 41-1          SECTION 7.  Chapter 182, Tax Code, is amended by amending
 41-2    Section 182.025 to read as follows:
 41-3          Sec. 182.025.  CHARGES BY A CITY.  (a)  An incorporated city
 41-4    or town may make a reasonable lawful charge for the use of a city
 41-5    street, alley, or public way by a public utility in the course of
 41-6    its business.
 41-7          (b)  The total charges, however designated or measured, may
 41-8    not exceed two percent of the gross receipts of the public utility
 41-9    for the sale of gas, electric energy, or water within the city or
41-10    ten percent of the gross receipts of a public utility that provides
41-11    only the service of distribution of electric energy and does not
41-12    make sales of electric energy to the ultimate customer.
41-13          (c)  If a public utility taxed under this subchapter pays a
41-14    special tax, rental, contribution, or charge under a contract or
41-15    franchise executed before May 1, 1941, the city shall credit the
41-16    payment against the amount owed by the public utility on any charge
41-17    allowable under Subsection (a) of this section.
41-18          SECTION 8.  This Act takes effect September 1, 1999.
41-19          SECTION 9.  The importance of this legislation and the
41-20    crowded condition of the calendars in both houses create an
41-21    emergency and an imperative public necessity that the
41-22    constitutional rule requiring bills to be read on three several
41-23    days in each house be suspended, and this rule is hereby suspended.