By Counts H.B. No. 2899 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 certificates of convenience and necessity and to the 1-3 powers of the Public Utility Commission of Texas. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 35 of the Utilities Code is 1-6 amended by adding Section 35.0082 to read as follows: 1-7 Sec. 35.0082. RETAIL WHEELING PROHIBITED. (a) The 1-8 commission shall not, by order, rule, regulation or otherwise, 1-9 require an electric utility, to transmit electricity for another 1-10 entity, including another electric utility, to an end-use customer, 1-11 regardless of whether the utility will be paid for the use of its 1-12 distribution facilities. 1-13 (b) The commission shall not, by order, rule, regulation or 1-14 otherwise, require an electric utility to: 1-15 (1) unbundle or otherwise separate rates, operations, 1-16 facilities, functions, personnel, or services; 1-17 (2) observe a code of conduct regarding operations or 1-18 transactions with an affiliate; or 1-19 (3) comply with any other requirement that would 1-20 facilitate the implementation of retail wheeling. 1-21 SECTION 2. Subchapter B, Chapter 37 of the Utilities Code is 2-1 amended by adding Section 37.060 to read follows: 2-2 Sec. 37.060. MULTIPLE CERTIFICATION. Unless the affected 2-3 retail electric utility agrees in writing, the commission shall not 2-4 grant a retail electric utility certificate to serve an area if the 2-5 effect of the grant would cause the area to be multiply 2-6 certificated. 2-7 SECTION 3. This Act takes effect September 1, 1999. 2-8 SECTION 4. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.