78R7259 CBH-F

By:  Cook of Colorado                                             H.B. No. 3037



A BILL TO BE ENTITLED

AN ACT

relating to energy aggregation by political subdivisions.                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 304.002, Local Government Code, is 
amended by amending Subsection (a) and adding Subsections (b-1), 
(b-2), and (d) to read as follows:
	(a)  A political subdivision aggregator may negotiate for 
the purchase of electricity and energy services, make contracts for 
the purchase of electricity and energy services, and take any other 
action necessary to purchase electricity and energy services on 
behalf of the citizens of the political subdivision[.  The citizens 
must affirmatively request to be included in the aggregation 
services by the political subdivision aggregator].
	(b-1)  A political subdivision may not finally adopt an 
ordinance or resolution providing for automatic enrollment of 
citizens of the political subdivision in aggregation services  
unless a majority of the qualified voters of the political 
subdivision voting in an election called and held for that purpose 
approve the automatic enrollment.  The governing body of the 
political subdivision may call the election.  The election must be 
held in accordance with the Election Code.
	(b-2)  If a majority of the qualified voters of the political 
subdivision voting in the election approve automatic enrollment of 
the citizens in aggregation services, the political subdivision  
shall send to each citizen by mail a written notice that the citizen 
will be automatically enrolled unless the citizen expressly 
requests to not be enrolled.
	(d)  An affiliated retail electric provider shall provide to 
a political subdivision any information the political subdivision 
considers necessary to solicit or administer an aggregation program 
under this section, including the name, address, electric service 
identifier, and monthly usage of each residential customer who 
resides in the political subdivision. The consent of a customer may 
not be required as a condition of providing information to a 
political subdivision under this subsection. The political 
subdivision may provide to a third party or an aggregator 
information received under this subsection, but only for the 
purpose of bidding on, implementing, and administering the 
aggregation program.
	SECTION 2.  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.