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.