By Turner of Harris H.B. No. 1902
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the purposes for which the system benefit fund may be
1-3 used.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 39.901(e), Utilities Code, is amended to
1-6 read as follows:
1-7 (e) Not later than May 1 of each year, the commission shall
1-8 transfer from the system benefit fund to the foundation school fund
1-9 the amounts determined by the Texas Education Agency under
1-10 Subsections (b) and (c). If in any year the system benefit fund is
1-11 insufficient to make the transfer designated by the Texas Education
1-12 Agency, the shortfall shall be included in the projected revenue
1-13 requirement for the system benefit fund the next time the
1-14 commission sets the fee under Section 39.903, and the shortfall
1-15 amount shall be transferred to the Foundation School Program the
1-16 following year, subject to Section 39.903(e). Amounts transferred
1-17 from the system benefit fund under this section may be appropriated
1-18 only for the support of the Foundation School Program and are
1-19 available, in addition to any amounts allocated by the General
1-20 Appropriations Act, to finance actions under Section 41.002(b) or
1-21 42.2521 [42.252(e)], Education Code.
1-22 SECTION 2. Section 39.903, Utilities Code, is amended by
1-23 amending Subsection (e) and adding Subsection (m) to read as
1-24 follows:
2-1 (e) The system benefit fund shall provide funding solely for
2-2 the following regulatory purposes and in the following order of
2-3 priority:
2-4 (1) programs to assist low-income electric customers
2-5 by providing the 10 percent reduced rate prescribed by Subsection
2-6 (h);
2-7 (2) programs to assist low-income electric customers
2-8 by providing the targeted energy efficiency programs described by
2-9 Subsection (f)(2);
2-10 (3) [provided by Subsections (f)-(l);]
2-11 [(2)] customer education programs, administrative
2-12 expenses incurred by the commission in implementing and
2-13 administering this chapter, and expenses incurred by the office
2-14 under this chapter; [and]
2-15 (4) [(3)] the school funding loss mechanism provided
2-16 by Section 39.901; and
2-17 (5) programs to assist low-income electric customers
2-18 by providing the 20 percent reduced rate prescribed by Subsection
2-19 (h).
2-20 (m) In addition to the rules required by Section 39.901(g)
2-21 relating to the school funding loss mechanism, the comptroller
2-22 shall adopt rules and establish procedures to:
2-23 (1) identify school districts that are directly
2-24 affected by electric utility restructuring;
2-25 (2) assess the effect changing gas prices have on the
2-26 market value of nuclear power plants;
2-27 (3) conduct an appraisal of the estimates of each
3-1 school district and include in the appraisal a cross-reference to
3-2 the commission's most recent stranded costs estimate for a facility
3-3 in the district;
3-4 (4) adjust the property tax reductions attributable to
3-5 electric utility restructuring in a district under Section 39.901
3-6 to reflect any increase in the district's property tax revenue that
3-7 is attributable to electric utility restructuring, including the
3-8 value of new power plants constructed in the district and the
3-9 increased value of other property in the district, such as power
3-10 plants and transmission and distribution facilities; and
3-11 (5) ensure that the amount a school district is
3-12 reimbursed is computed by taking the difference between current
3-13 year and prior year appraisal values as required by Section 39.901
3-14 and as adjusted in accordance with this subsection.
3-15 SECTION 3. This Act takes effect September 1, 2001.