1-1                                   AN ACT
 1-2     relating to customer protections applicable to certain electric
 1-3     utilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 39.401, 39.402, and 39.407, Utilities
 1-6     Code, are amended to read as follows:
 1-7           Sec. 39.401.  APPLICABILITY. This subchapter shall apply to
 1-8     investor-owned electric utilities operating solely outside of ERCOT
 1-9     having fewer than six synchronous interconnections with voltage
1-10     levels above 69 kilovolts systemwide on the effective date of this
1-11     subchapter.  The legislature finds [This subchapter recognizes]
1-12     that circumstances exist that require that areas served by such
1-13     utilities be treated as competitive development areas in which it
1-14     is not in the public interest to transition to full retail customer
1-15     choice at this time [may develop on a more structured schedule than
1-16     is anticipated for the rest of the state.  If there are any
1-17     conflicts between this subchapter and any other provisions of this
1-18     chapter, the provisions of this subchapter shall control, but shall
1-19     not be deemed to limit or in any way restrict any provision of this
1-20     title that governs customer protection or quality or reliability of
1-21     service].
1-22           Sec. 39.402.  REGULATION OF UTILITY AND TRANSITION TO
1-23     COMPETITION [PLAN]. (a)  Until the later of January 1, 2007, or the
1-24     date on which an electric utility subject to this subchapter is
 2-1     authorized by the commission to implement customer choice, the
 2-2     rates of the utility shall be regulated under traditional cost of
 2-3     service regulation and the utility is subject to all applicable
 2-4     regulatory authority prescribed by this subtitle and Subtitle A,
 2-5     including Chapters 14, 32, 33, 36, and 37.  Until the date on which
 2-6     an electric utility subject to this subchapter implements customer
 2-7     choice, the provisions of this chapter, other than this subchapter,
 2-8     Section 39.904, and the provisions relating to the duty to obtain a
 2-9     permit from the Texas Natural Resource Conservation Commission for
2-10     an electric generating facility and to reduce emissions from an
2-11     electric generating facility, shall not apply to that utility. That
2-12     portion of any commission order entered before September 1, 2001,
2-13     to comply with this subchapter shall be null and void.
2-14           (b)  Until the date on which an electric utility subject to
2-15     this subchapter implements customer choice, Section 33.008 does not
2-16     apply and the utility shall pay franchise fees to a municipality as
2-17     required by the utility's franchise agreement with the
2-18     municipality. After the date on which an electric utility subject
2-19     to this subchapter implements customer choice, Section 33.008
2-20     applies.  However, for purposes of computing the franchise fees as
2-21     provided by Section 33.008(b), the calendar year immediately
2-22     preceding the implementation of customer choice shall be
2-23     substituted for the year 1998.
2-24           (c)  On or after January 1, 2007, an electric utility [All
2-25     electric utilities] subject to this subchapter may choose to
2-26     participate in customer choice.  An electric utility that chooses
2-27     to participate in customer choice shall file a transition to
 3-1     competition plan with the commission [not later than December 1,
 3-2     2000].  This transition to competition plan shall identify how
 3-3     utilities subject to this subchapter intend to mitigate market
 3-4     power and [shall] achieve full customer choice, including specific
 3-5     alternatives for constructing additional transmission facilities,
 3-6     auctioning rights to generation capacity, divesting generation
 3-7     capacity, or any other measure [necessary for the electric utility
 3-8     to meet the requirements of Section 39.152(a) and] that is
 3-9     consistent with the public interest.  The utility shall also
3-10     include in the transition to competition plan a provision to
3-11     establish a  price to beat for residential customers and commercial
3-12     customers having a peak load of 1,000 kilowatts or less.  The
3-13     commission may prescribe additional information or provisions that
3-14     must be included in the plan.  The commission shall approve,
3-15     modify, or reject a plan within 180 days after the date of a filing
3-16     under this section; provided, however, that if a hearing is
3-17     requested by any party to the proceeding, the 180-day deadline will
3-18     be extended one day for each day of hearings. The transition to
3-19     competition plan may be updated or amended annually [as
3-20     circumstances change], subject to commission approval until the
3-21     applicable power region is certified as a qualifying power region
3-22     under Section 39.152.
3-23           (d)  On implementation of customer choice, an electric
3-24     utility subject to this subchapter is subject to the provisions of
3-25     this subtitle and Subtitle A to the same extent as other electric
3-26     utilities, including the provisions of Chapter 37 concerning
3-27     certificates of convenience and necessity.
 4-1           Sec. 39.407.  CUSTOMER CHOICE AND RELEVANT MARKET AND RELATED
 4-2     MATTERS. (a)  If an electric utility chooses on or after January 1,
 4-3     2007, to participate in customer choice, the commission may not
 4-4     authorize customer choice until the applicable power region has
 4-5     been certified as a qualifying power region under Section
 4-6     39.152(a).  Except as otherwise provided by this subsection, the
 4-7     [The] commission shall certify that the requirements of Section
 4-8     39.152(a)(3) are met for electric utilities subject to this
 4-9     subchapter only upon a finding that the total capacity owned and
4-10     controlled by each such electric utility and its affiliates does
4-11     not exceed 20 percent of the total installed generation capacity
4-12     within the constrained geographic region served by each such
4-13     electric utility plus the total available transmission capacity
4-14     capable of delivering firm power and energy to that constrained
4-15     geographic region.   Not later than May 1, 2002, each electric
4-16     utility subject to this subchapter shall submit to the electric
4-17     utility restructuring legislative oversight committee an analysis
4-18     of the needed transmission facilities necessary to make the
4-19     electric utility's service area transmission capability comparable
4-20     to areas within the ERCOT power region.  On or after September 1,
4-21     2003, each electric utility subject to this subchapter shall file
4-22     the utility's plans to develop the utility's transmission
4-23     interconnections with the utility's power region or other adjacent
4-24     power regions.  The commission shall review the plan and not later
4-25     than the 180th day after the date the plan is filed, determine the
4-26     additional transmission facilities necessary to provide access to
4-27     power and energy that is comparable to the access provided in areas
 5-1     within the ERCOT power region; provided, however, that if a hearing
 5-2     is requested by any party to the proceeding, the 180-day deadline
 5-3     will be extended one day for each day of hearings.  The commission
 5-4     shall, as a part of the commission's approval of the plan, approve
 5-5     a rate rider mechanism for the recovery of the incremental costs of
 5-6     those facilities after the facilities are completed and in-service.
 5-7     A finding of need under this subsection shall meet the requirements
 5-8     of Sections 37.056(c)(1), (2), and (4)(E).  The commission may
 5-9     certify that the requirements of Section 39.152(a)(3) are met for
5-10     electric utilities subject to this subchapter if the commission
5-11     finds that:
5-12                 (1)  each such utility has sufficient transmission
5-13     facilities to provide customers access to power and energy from
5-14     capacity controlled by suppliers not affiliated with the incumbent
5-15     utility that is comparable to the access to power and energy from
5-16     capacity controlled by suppliers not affiliated with the incumbent
5-17     utilities in areas of the ERCOT power region; and
5-18                 (2)  the total capacity owned and controlled by each
5-19     such electric utility and its affiliates does not exceed 20 percent
5-20     of the total installed generation capacity within the power region.
5-21           (b)  In the area of a power region served by an electric
5-22     utility subject to this subchapter, the electric utility may not
5-23     choose to participate in customer choice unless [if customer choice
5-24     is introduced before the requirements of Section 39.152(a) are met,
5-25     an affiliated retail electric provider of an electric utility
5-26     subject to this subchapter may not compete for retail customers in
5-27     any area of the power region that is within this state and outside
 6-1     of the affiliated transmission and distribution utility's
 6-2     certificated service area unless] the affiliated power generation
 6-3     company makes a commitment to maintain and does maintain rates that
 6-4     are based on cost of service for any electric cooperative or
 6-5     municipally owned utility that was a wholesale customer on the date
 6-6     the utility chooses to participate in customer choice [January 1,
 6-7     1999,] and was purchasing power at rates that were based on cost of
 6-8     service.  This subsection requires a power generation company to
 6-9     sell power at rates that are based on cost of service,
6-10     notwithstanding the expiration of a contract for that service,
6-11     until the requirements of Section 39.152(a) are met.
6-12           (c)  If the requirements of Section 39.152(a) have not been
6-13     met for an electric utility subject to this subchapter when the
6-14     electric utility chooses to participate in customer choice, then
6-15     any power generation company in the power region affiliated with an
6-16     electric utility subject to this subchapter shall maintain adequate
6-17     supply and facilities to provide electric service to persons who
6-18     were [or would have been] retail customers of the electric utility
6-19     on the date the utility chooses to participate in customer choice
6-20     [affiliated retail electric provider on December 31, 2001]. The
6-21     obligation provided by this subsection remains in effect until the
6-22     commission determines that the requirements of Section 39.152(a)
6-23     have been met for the region.
6-24           SECTION 2. Subchapter I, Chapter 39, Utilities Code, is
6-25     amended by adding Sections 39.409 and 39.410 to read as follows:
6-26           Sec. 39.409.  RECOUPMENT OF TRANSITION TO COMPETITION COSTS.
6-27     An electric utility subject to this subchapter is entitled to
 7-1     recover, as provided by this section, all reasonable and necessary
 7-2     expenditures made or incurred before September 1, 2001, to comply
 7-3     with the provisions of this chapter.  Not later than December 1,
 7-4     2001, each electric utility subject to this subchapter may file
 7-5     with the commission an application for recovery detailing the
 7-6     amounts spent or incurred.  After notice and hearing, the
 7-7     commission shall review the amounts and, if found to be reasonable
 7-8     and necessary, approve a transition to competition retail rate
 7-9     rider mechanism for the recovery of the approved transition to
7-10     competition costs.  A rate rider implemented to recover approved
7-11     transition to competition costs shall expire not later than
7-12     December 31, 2006.
7-13           Sec. 39.410.  CONTRACTUAL OBLIGATIONS. This subchapter may
7-14     not:
7-15                 (1)  interfere with or abrogate the rights or
7-16     obligations of any party, including a retail or wholesale customer,
7-17     to a contract with an investor-owned electric utility, river
7-18     authority, municipally owned utility, or electric cooperative;
7-19                 (2)  interfere with or abrogate the rights or
7-20     obligations of a party under a contract or agreement concerning
7-21     certificated utility service areas; or
7-22                 (3)  result in a change in wholesale power costs to
7-23     wholesale customers in Texas purchasing electricity under wholesale
7-24     power contracts the pricing provisions of which are based on
7-25     formulary rates, fuel adjustments, or average system costs.
7-26           SECTION 3. Sections 39.403, 39.404, 39.405, 39.406, and
7-27     39.408, Utilities Code, are repealed.
 8-1           SECTION 4.  This Act takes effect immediately if it receives
 8-2     a vote of two-thirds of all the members elected to each house, as
 8-3     provided by Section 39, Article III, Texas Constitution.  If this
 8-4     Act does not receive the vote necessary for immediate effect, this
 8-5     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1692 was passed by the House on April
         26, 2001, by the following vote:  Yeas 144, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 1692 on May 24, 2001, by the following vote:  Yeas 132, Nays 0,
         1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1692 was passed by the Senate, with
         amendments, on May 22, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor