1-1                                   AN ACT
 1-2     relating to school funding loss attributable to electric utility
 1-3     restructuring and the use of the system benefit fund.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 39.901, Utilities Code, is amended to
 1-6     read as follows:
 1-7           Sec. 39.901.  School Funding Loss Mechanism. (a)  Not later
 1-8     than August 31 [March 1] each year, the comptroller shall certify
 1-9     to the Texas Education Agency the statewide net loss in electric
1-10     generating facility property value [any property wealth reductions,
1-11     determined by taking the difference between current year and prior
1-12     year appraisal values] attributable to electric utility
1-13     restructuring.  In calculating the statewide net loss in electric
1-14     generating facility property value, the comptroller shall:
1-15                 (1)  subtract current year electric generating facility
1-16     appraisal roll values, as defined by Section 25.24, Tax Code, from
1-17     1999 electric generating facility appraised values in each school
1-18     district;
1-19                 (2)  sum the resulting property value losses (positive
1-20     differences);
1-21                 (3)  sum the resulting property value gains (negative
1-22     differences); and
1-23                 (4)  subtract the absolute value of the property value
1-24     gains, subject to the limitation in Section 39.9011, from the
 2-1     absolute value of the property value losses to calculate a
 2-2     statewide net loss.
 2-3           (b)  The Texas Education Agency shall determine the amount
 2-4     necessary to compensate the state for the statewide net loss
 2-5     certified under Subsection (a) by multiplying the statewide net
 2-6     loss by the average adopted property tax rate of the school
 2-7     districts that had losses, weighted by the value losses in each
 2-8     school district, and dividing the result by 100 [reduction of the
 2-9     amount of property taxes recaptured by the state from school
2-10     districts subject to wealth equalization under Chapter 41,
2-11     Education Code, as a result of the property wealth reductions
2-12     certified under Subsection (a)] and shall notify the commission of
2-13     the amount necessary to compensate the state for the reduction.
2-14     The comptroller shall provide the Texas Education Agency the
2-15     electric generating facility value losses in each school district
2-16     used in Subsection (a)(2) for use in calculating the weighted
2-17     average property tax rate.
2-18           (c)  [The Texas Education Agency shall determine the amount
2-19     necessary to compensate school districts for lost revenue resulting
2-20     from the property wealth reductions under Subsection (a) and shall
2-21     notify the commission of this amount.  The amounts necessary to
2-22     compensate districts shall be the sum of:]
2-23                 [(1)  decreases in the level of funding to which a
2-24     school district is entitled under Chapters 42 and 46, Education
2-25     Code, that are directly attributable to the decline in property
2-26     values caused by utility restructuring; and]
2-27                 [(2)  losses of property tax collections incurred by
 3-1     school districts that are directly attributable to property value
 3-2     declines caused by utility restructuring and that are not accounted
 3-3     for under Subdivision (1), including amounts that a school district
 3-4     would be entitled to retain under Chapter 41, Education Code.]
 3-5           [(d)]  The amounts determined by the comptroller and the
 3-6     Texas Education Agency under this section, for the purposes of this
 3-7     section, are final and may not be appealed.
 3-8           (d) [(e)]  Not later than May 1 of each year, subject to
 3-9     Section 39.903(b), the commission shall transfer from the system
3-10     benefit fund to the foundation school fund the amount [amounts]
3-11     determined by the Texas Education Agency under Subsection (b) to
3-12     the extent that funds are available.  [Subsections (b) and (c).  If
3-13     in any year the system benefit fund is insufficient to make the
3-14     transfer designated by the Texas Education Agency, the shortfall
3-15     shall be included in the projected revenue requirement for the
3-16     system benefit fund the next time the commission sets the fee under
3-17     Section 39.903, and the shortfall amount shall be transferred to
3-18     the Foundation School Program the following year.]  Amounts
3-19     transferred from the system benefit fund under this section may be
3-20     appropriated only for the support of the Foundation School Program
3-21     and are available, in addition to any amounts allocated by the
3-22     General Appropriations Act, to finance actions under Section
3-23     41.002(b) or 42.2521 [42.252(e)], Education Code.
3-24           (e) [(f)  The Texas Education Agency shall, on the transfer
3-25     of funds from the system benefit fund to the foundation school
3-26     fund, compensate school districts for losses incurred under
3-27     Subsection (c).]
 4-1           [(g)]  The commissioner of education and the comptroller
 4-2     shall adopt rules necessary to implement this section, including
 4-3     rules providing for public input.
 4-4           (f) [(h)]  This section is effective through the 2006-2007
 4-5     school year.  This section expires August 31, 2007.
 4-6           SECTION 2.  Subchapter Z, Chapter 39, Utilities Code, is
 4-7     amended by adding Section 39.9011 to read as follows:
 4-8           Sec. 39.9011.  LIMITATION ON TOTAL PROPERTY VALUE GAINS. (a)
 4-9     If the absolute value of the total property value gains calculated
4-10     as required by Section 39.901(a)(3) exceeds 30 percent of the
4-11     absolute value of the property value losses calculated as required
4-12     by Section 39.901(a)(2), the comptroller shall cap the total
4-13     property value gains at 30 percent of the property value losses
4-14     before calculating the statewide net loss required by Section
4-15     39.901(a)(4).
4-16           (b)  This section expires May 31, 2003.
4-17           SECTION 3.  Section 39.903, Utilities Code, is amended to
4-18     read as follows:
4-19           Sec. 39.903.  System Benefit Fund. (a)  The system benefit
4-20     fund is an account in the general revenue fund that may be
4-21     appropriated only for the purposes provided by this section.
4-22     Interest earned on the system benefit fund shall be credited to
4-23     [created as a trust fund with the comptroller and shall be
4-24     administered by the commission as trustee on behalf of the
4-25     recipients of money from] the fund.
4-26           (b)  The system benefit fund is financed by a nonbypassable
4-27     fee set by the commission in an amount not to exceed 65 [50] cents
 5-1     per megawatt hour[, except beginning on January 1, 2002, and ending
 5-2     on December 31, 2006, the commission may set the fee in an amount
 5-3     not to exceed 65 cents per megawatt hour to the extent necessary to
 5-4     collect sufficient revenue to fund the 10 percent reduced rate
 5-5     requirements of the program required by Subsection (h)].  The
 5-6     system benefit fund fee is allocated to customers based on the
 5-7     amount of kilowatt hours used.
 5-8           (c)  The nonbypassable fee may not be imposed on the retail
 5-9     electric customers of a municipally owned utility or electric
5-10     cooperative before the sixth month preceding the date on which the
5-11     utility or cooperative implements customer choice.  Money
5-12     distributed from the system benefit fund to a municipally owned
5-13     utility or an electric cooperative shall be proportional to the
5-14     nonbypassable fee paid by the municipally owned utility or the
5-15     electric cooperative, subject to the reimbursement provided by
5-16     Subsection (i).  On request by a municipally owned utility or
5-17     electric cooperative, the commission shall reduce the nonbypassable
5-18     fee imposed on retail electric customers served by the municipally
5-19     owned utility or electric cooperative by an amount equal to the
5-20     amount provided by the municipally owned utility or electric
5-21     cooperative or its ratepayers for local low-income programs and
5-22     local programs that educate customers about the retail electric
5-23     market in a neutral and nonpromotional manner.
5-24           (d)  The commission shall annually review and approve system
5-25     benefit fund accounts, projected revenue requirements, and proposed
5-26     nonbypassable fees.  The commission shall report to the electric
5-27     utility restructuring legislative oversight committee if the system
 6-1     benefit fund fee is insufficient to fund the purposes set forth in
 6-2     Subsection (e) to the extent required by this section.
 6-3           (e)  The system benefit fund shall provide funding solely for
 6-4     the following regulatory purposes and in the following order of
 6-5     priority:
 6-6                 (1)  programs to assist low-income electric customers
 6-7     by providing the 10 percent reduced rate prescribed by Subsection
 6-8     (h) [provided by Subsections (f)-(l)];
 6-9                 (2)  customer education programs, administrative
6-10     expenses incurred by the commission in implementing and
6-11     administering this chapter, and expenses incurred by the office
6-12     under this chapter; [and]
6-13                 (3)  programs to assist low-income electric customers
6-14     by providing the targeted energy efficiency programs described by
6-15     Subsection (f)(2);
6-16                 (4)  the school funding loss mechanism provided by
6-17     Section 39.901; and
6-18                 (5)  programs to assist low-income electric customers
6-19     by providing the 20 percent reduced rate prescribed by Subsection
6-20     (h).
6-21           (f)  Notwithstanding Section 39.106(b), the commission shall
6-22     adopt rules regarding programs to assist low-income electric
6-23     customers on the introduction of customer choice.  The programs may
6-24     not be targeted to areas served by municipally owned utilities or
6-25     electric cooperatives that have not adopted customer choice.  The
6-26     programs shall include:
6-27                 (1)  reduced electric rates as provided by Subsections
 7-1     (h)-(l); and
 7-2                 (2)  targeted energy efficiency programs to be
 7-3     administered by the Texas Department of Housing and Community
 7-4     Affairs in coordination with existing weatherization programs.
 7-5           (g)  Until customer choice is introduced in a power region,
 7-6     an electric utility may not reduce, in any manner, programs already
 7-7     offered to assist low-income electric customers.
 7-8           (h)  The commission shall adopt rules for a retail electric
 7-9     provider to determine a reduced rate for eligible customers to be
7-10     discounted off the standard retail service package as approved by
7-11     the commission under Section 39.106, or the price to beat
7-12     established by Section 39.202, whichever is lower.  Municipally
7-13     owned utilities and electric cooperatives shall establish a reduced
7-14     rate for eligible customers to be discounted off the standard
7-15     retail service package established under Section 40.053 or 41.053,
7-16     as appropriate.  The reduced rate for a retail electric provider
7-17     shall result in a total charge that is at least 10 percent and, if
7-18     sufficient money in the system benefit fund is available, up to 20
7-19     percent, lower than the amount the customer would otherwise be
7-20     charged.  To the extent the system benefit fund is insufficient to
7-21     fund the initial 10 percent rate reduction, the commission may
7-22     increase the fee to an amount not more than 65 cents per megawatt
7-23     hour, as provided by Subsection (b).  For a municipally owned
7-24     utility or electric cooperative, the reduced rate shall be equal to
7-25     an amount that can be fully funded by that portion of the
7-26     nonbypassable fee proceeds paid by the municipally owned utility or
7-27     electric cooperative that is allocated to the utility or
 8-1     cooperative by the commission under Subsection (e) for programs for
 8-2     low-income customers of the utility or cooperative.  The reduced
 8-3     rate for municipally owned utilities and electric cooperatives
 8-4     under this section is in addition to any rate reduction that may
 8-5     result from local programs for low-income customers of the
 8-6     municipally owned utilities or electric cooperatives.
 8-7           (i)  A retail electric provider, municipally owned utility,
 8-8     or electric cooperative seeking reimbursement from the system
 8-9     benefit fund may not charge an eligible low-income customer a rate
8-10     higher than the appropriate rate determined under Subsection (h).
8-11     A retail electric provider not subject to the price to beat, or a
8-12     municipally owned utility or electric cooperative subject to the
8-13     nonbypassable fee under Subsection (c), shall be reimbursed from
8-14     the system benefit fund for the difference between the reduced rate
8-15     and the rate established under Section 39.106 or, as appropriate,
8-16     the rate established under Section 40.053 or 41.053.  A retail
8-17     electric provider who is subject to the price to beat shall be
8-18     reimbursed from the system benefit fund for the difference between
8-19     the reduced rate and the price to beat.  The commission shall adopt
8-20     rules providing for the reimbursement.
8-21           (j)  The commission shall adopt rules providing for methods
8-22     of enrolling customers eligible to receive reduced rates under
8-23     Subsection (h).  The rules must provide for automatic enrollment as
8-24     one enrollment option.  The Texas Department of Human Services, on
8-25     request of the commission, shall assist in the adoption and
8-26     implementation of these rules.  The commission and the Texas
8-27     Department of Human Services shall enter into a memorandum of
 9-1     understanding establishing the respective duties of the commission
 9-2     and the department in relation to the automatic enrollment.
 9-3           (k)  A retail electric provider is prohibited from charging
 9-4     the customer a fee for participation in the reduced rate program.
 9-5           (l)  For the purposes of this section, a "low-income electric
 9-6     customer" is an electric customer:
 9-7                 (1)  whose household income is not more than 125
 9-8     percent of the federal poverty guidelines; or
 9-9                 (2)  who receives food stamps from the Texas Department
9-10     of Human Services or medical assistance from a state agency
9-11     administering a part of the medical assistance program.
9-12           SECTION 4.  This Act takes effect immediately if it receives
9-13     a vote of two-thirds of all members elected to each house, as
9-14     provided by Section 39, Article III, Texas Constitution.  If this
9-15     Act does not receive the vote necessary for immediate effect, this
9-16     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1902 was passed by the House on May
         1, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1902 on May 25, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1902 was passed by the Senate, with
         amendments, on May 23, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor