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Amend HB 1567 on third reading by adding the following
appropriately numbered section to the bill and renumbering existing
sections according:
SECTION . Section 39.402(a), Utilities Code, is amended
to read as follows:
(a) Until the later of January 1, 2009 [2007], or the date on
which an electric utility subject to this subchapter is authorized
by the commission to implement customer choice, the rates of the
utility shall be regulated under traditional cost of service
regulation and the utility is subject to all applicable regulatory
authority prescribed by this subtitle and Subtitle A, including
Chapters 14, 32, 33, 36, and 37. Until the date on which an electric
utility subject to this subchapter implements customer choice, the
provisions of this chapter, other than this subchapter, Section
39.904, and the provisions relating to the duty to obtain a permit
from the Texas Natural Resource Conservation Commission for an
electric generating facility and to reduce emissions form an
electric generating facility, shall not apply to that utility.
That portion of any commission order entered before September 1,
2001, to comply with this subchapter shall be null and void.