By: Hardcastle H.B. No. 2367
A BILL TO BE ENTITLED
relating to customers of the state power program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 35.101(2), Utilities Code, is amended to
read as follows:
(2) "Public retail customer" means a retail customer
that is an agency of this state, a state institution of higher
education, a public school district, a person who holds an oil and
gas lease granted under Chapter 52, Natural Resources Code, or a
political subdivision of this state.
SECTION 2. Section 35.102, Utilities Code, is amended to
read as follows:
Sec. 35.102. STATE AUTHORITY TO SELL OR CONVEY POWER. The
commissioner, acting on behalf of the state, may sell or otherwise
convey power generated from royalties taken in kind as provided by
Sections 52.133(f), 53.026, and 53.077, Natural Resources Code,
directly to a public retail customer regardless of whether the
public retail customer is also classified as a wholesale customer
under other provisions of this title. To ensure that the state
receives the maximum benefit from the sale of power generated from
royalties taken in kind, the commissioner shall use all feasible
means to sell that power first to public retail customers that are
agencies of this state, institutions of higher education, or public
school districts. The remainder of the power, if any, may be sold
to other public retail customers [
that are political subdivisions
of this state].
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.