By: Fraser S.B. No. 1280
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain successors of electric
cooperatives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (9), Section 11.003, Utilities Code,
is amended to read as follows:
(9) "Electric cooperative" means:
(A) a corporation organized under Chapter 161 or
a predecessor statute to Chapter 161 and operating under that
chapter; or
(B) a corporation organized as an electric
cooperative in a state other than Texas that has obtained a
certificate of authority to conduct affairs in the State of Texas[;
or
[(C) a successor to an electric cooperative
created before June 1, 1999, in accordance with a conversion plan
approved by a vote of the members of the electric cooperative,
regardless of whether the successor later purchases, acquires,
merges with, or consolidates with other electric cooperatives].
SECTION 2. Section 39.102, Utilities Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) The commission shall oversee the compliance with this
chapter by electric utilities that were not subject to this chapter
before September 1, 2003, and in so doing shall establish schedules
and procedures and require commission approvals as it deems
necessary to achieve the objectives of this chapter. This
subsection does not apply to an electric utility to which
Subsection (c) applies.
(e) In establishing a schedule under Subsection (d), the
commission shall consider:
(1) the effect of customer choice on the reliability
of service provided by the electric utility;
(2) whether the electric utility's service area is
located in more than one power region;
(3) whether any applicable power region has been
certified as a qualifying power region under Section 39.152(a);
(4) whether other electric utilities in the power
region offer retail customer choice; and
(5) any other relevant factor.
SECTION 3. Section 41.063, Utilities Code, is repealed.
SECTION 4. This Act takes effect September 1, 2003.