By Longoria H.B. No. 3188 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 monitoring and regulation of electric utilities in the 1-3 provision of energy efficiency products and services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 2.216, Public Utility Regulatory Act of 1-6 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended 1-7 to read as follows: 1-8 Sec. 2.216. DISCRIMINATION; RESTRICTION ON COMPETITION. (a) 1-9 A public utility may not discriminate against any person or 1-10 corporation that sells or leases equipment or performs services in 1-11 competition with the public utility, nor may any public utility 1-12 engage in any other practice that tends to restrict or impair such 1-13 competition. 1-14 (b) The commission shall monitor and by rule shall regulate 1-15 the relationships among utilities and the affiliates, partners, and 1-16 ventures of utilities to ensure that a utility or a utility's 1-17 affiliates, partners, and ventures do not gain an unfair advantage 1-18 over an unaffiliated person competing in the same market to provide 1-19 customers with electricity or with products or services related to 1-20 energy efficiency. 1-21 (c) The commission by rule shall ensure that a utility's 1-22 incentive program or other program related to energy efficiency 2-1 technology or service that is directly or indirectly financed by 2-2 rate payments: 2-3 (1) allows a customer freely to choose the provider of 2-4 the energy efficiency technology or service; 2-5 (2) allows a provider of energy efficiency technology 2-6 or service to determine the provider's offerings of product or 2-7 service; 2-8 (3) promotes open, continuous, and clear market 2-9 competition among all providers of energy efficiency technology or 2-10 service; and 2-11 (4) does not place a provider of energy efficiency 2-12 technology or service at a competitive disadvantage regarding 2-13 similar products or services. 2-14 SECTION 2. The Public Utility Commission of Texas shall 2-15 adopt rules under Section 2.216, Public Utility Regulatory Act of 2-16 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), as amended 2-17 by this Act, not later than December 31, 1997. 2-18 SECTION 3. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended, 2-23 and that this Act take effect and be in force from and after its 2-24 passage, and it is so enacted.