79R4414 JJT-F
By:  King of Parker                                               H.B. No. 1777
A BILL TO BE ENTITLED
AN ACT
relating to regulation of the electric power market.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 15.024(c), Utilities Code, as amended by 
Chapters 1212 and 1579, Acts of the 76th Legislature, Regular 
Session, 1999, is reenacted and amended to read as follows:
	(c)  A penalty may not be assessed under this section if the 
person against whom the penalty may be assessed remedies the 
violation before the 31st day after the date the person receives the 
notice under Subsection (b).  A person who claims to have remedied 
an alleged violation has the burden of proving to the commission 
that the alleged violation was remedied and was accidental or 
inadvertent.  This subsection does not apply to a violation of 
Chapter 42, [17 or] 55, or 64.
	SECTION 2.  Chapter 17, Utilities Code, is transferred to 
Subtitle B, Title 2, Utilities Code, redesignated as Chapter 42, 
Utilities Code, and amended to read as follows:
CHAPTER 42 [17].  CUSTOMER PROTECTION
SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 42.001 [17.001].  CUSTOMER PROTECTION POLICY.  (a)  The 
legislature finds that new developments in [telecommunications 
services and] the production and delivery of electricity, as well 
as changes in market structure, marketing techniques, and 
technology, make it essential that customers have safeguards 
against fraudulent, unfair, misleading, deceptive, or 
anticompetitive business practices and against businesses that do 
not have the technical and financial resources to provide adequate 
service.
	(b)  The purpose of this chapter is to establish retail 
customer protection standards and confer on the commission 
authority to adopt and enforce rules to protect retail customers 
from fraudulent, unfair, misleading, deceptive, or anticompetitive 
practices.
	(c)  Nothing in this section shall be construed to abridge 
customer rights set forth in commission rules in effect at the time 
of the enactment of this chapter.
	(d)  This chapter does not limit the constitutional, 
statutory, and common law authority of the office of the attorney 
general.
	(e)  Nothing in this chapter authorizes a customer to receive 
retail electric service from a person other than a certificated 
retail electric utility.
	Sec. 42.002 [17.002].  DEFINITIONS.  In this chapter:  
		(1)  "Billing agent" means any entity that submits 
charges to the billing utility on behalf of itself or any provider 
of a product or service.
		(2)  "Billing utility" means any [telecommunications 
provider, as defined by Section 51.002,] retail electric 
provider[,] or electric utility that issues a bill directly to a 
customer for any [telecommunications or] electric product or 
service.
		(3)  ["Certificated telecommunications utility" means 
a telecommunications utility that has been granted either a 
certificate of convenience and necessity, a certificate of 
operating authority, or a service provider certificate of operating 
authority.
		[(4)]  "Customer" means any person in whose name 
[telephone or] retail electric service is billed, including 
individuals, governmental units at all levels of government, 
corporate entities, and any other entity with legal capacity to be 
billed for [telephone or] retail electric service.
		(4) [(5)]  "Electric utility" has the meaning assigned 
by Section 31.002.
		(5) [(6)]  "Retail electric provider" means a person 
that sells electric energy to retail customers in this state after 
the legislature authorizes a customer to receive retail electric 
service from a person other than a certificated retail electric 
utility.
		(6) [(7)]  "Service provider" means any entity that 
offers a product or service to a customer and that directly or 
indirectly charges to or collects from a customer's bill an amount 
for the product or service on a customer's bill received from a 
billing utility.
		[(8)  "Telecommunications utility" has the meaning 
assigned by Section 51.002.]
	Sec. 42.003 [17.003].  CUSTOMER AWARENESS.  (a)  The 
commission shall promote public awareness of changes in the 
electric market [and telecommunications markets], provide 
customers with information necessary to make informed choices about 
available options, and ensure that customers have an adequate 
understanding of their rights.
	(b)  The commission shall compile a report on customer 
service at least once each year showing the comparative customer 
information from reports given to the commission it deems 
necessary.
	(c)  The commission shall adopt and enforce rules to require 
a [certificated telecommunications utility, a] retail electric 
provider[,] or an electric utility to give clear, uniform, and 
understandable information to customers about rates, terms, 
services, customer rights, and other necessary information as 
determined by the commission.
	(d)  Customer awareness efforts by the commission shall be 
conducted in English and Spanish and any other language as 
necessary.
	Sec. 42.004 [17.004].  CUSTOMER PROTECTION STANDARDS.  (a)  
All buyers of [telecommunications and] retail electric services are 
entitled to:
		(1)  protection from fraudulent, unfair, misleading, 
deceptive, or anticompetitive practices, including protection from 
being billed for services that were not authorized or provided;
		(2)  choice of a [telecommunications service provider, 
a] retail electric provider[,] or an electric utility, where that 
choice is permitted by law, and to have that choice honored;
		(3)  information in English and Spanish and any other 
language as the commission deems necessary concerning rates, key 
terms and conditions, and the basis for any claim of environmental 
benefits of certain production facilities;
		(4)  protection from discrimination on the basis of 
race, color, sex, nationality, religion, marital status, income 
level, or source of income and from unreasonable discrimination on 
the basis of geographic location;
		(5)  impartial and prompt resolution of disputes with a 
[certificated telecommunications utility, a] retail electric 
provider[,] or an electric utility [and disputes with a 
telecommunications service provider related to unauthorized 
charges and switching of service];
		(6)  privacy of customer consumption and credit 
information;                
		(7)  accuracy of metering and billing;                                        
		(8)  bills presented in a clear, readable format and 
easy-to-understand language;
		(9)  information in English and Spanish and any other 
language as the commission deems necessary concerning low-income 
assistance programs and deferred payment plans;
		(10)  all consumer protections and disclosures 
established by the Fair Credit Reporting Act (15 U.S.C. Section 
1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601 
et seq.); and
		(11)  after retail competition begins as authorized by 
the legislature, programs provided by retail electric providers 
that offer eligible low-income customers energy efficiency 
programs, an affordable rate package, and bill payment assistance 
programs designed to reduce uncollectible accounts.
	(b)  The commission may adopt and enforce rules as necessary 
or appropriate to carry out this section, including rules for 
minimum service standards for a [certificated telecommunications 
utility, a] retail electric provider[,] or an electric utility 
relating to customer deposits and the extension of credit, 
switching fees, levelized billing programs, and termination of 
service and to energy efficiency programs, an affordable rate 
package, and bill payment assistance programs for low-income 
customers.  The commission may waive language requirements for good 
cause.
	(c)  The commission shall request the comments of the office 
of the attorney general in developing the rules that may be 
necessary or appropriate to carry out this section.
	(d)  The commission shall coordinate its enforcement efforts 
regarding the prosecution of fraudulent, misleading, deceptive, 
and anticompetitive business practices with the office of the 
attorney general in order to ensure consistent treatment of 
specific alleged violations.
	(e)  Nothing in this section shall be construed to abridge 
customer rights set forth in commission rules or to abridge the 
rights of low-income customers to receive benefits through pending 
or operating programs in effect at the time of the enactment of this 
chapter.
	(f)  The commission shall adopt rules to provide automatic 
enrollment of eligible utility customers for [lifeline telephone 
service and] reduced electric rates available to low-income 
households.  Each state agency, on the request of the commission, 
shall assist in the adoption and implementation of those rules.
	(g)  Notwithstanding any other provision of this title, the 
rules adopted under Subsection (b) shall provide full, concurrent 
reimbursement for the costs of any programs provided under 
Subsection (a)(11) and for reimbursement for the difference between 
any affordable rate package provided under Subsection (a)(11) and 
any rates otherwise applicable.
	Sec. 42.005 [17.005].  PROTECTIONS FOR CUSTOMERS OF 
MUNICIPALLY OWNED UTILITIES.  A municipally owned utility may not 
be deemed to be a "service provider" or "billing agent" for purposes 
of Sections 42.156(b) [17.156(b)] and (e).  The governing body of a 
municipally owned utility shall adopt, implement, and enforce rules 
that shall have the effect of accomplishing the objectives set out 
in Sections 42.004(a) and (b) and 42.102 [17.004(a) and (b) and 
17.102], as to the municipally owned utility within its 
certificated service area.  The governing body of a municipally 
owned utility or its designee shall perform the dispute resolution 
function provided for by Section 42.157 [17.157] for disputes 
arising from services provided by the municipally owned utility to 
electric customers served within the municipally owned utility's 
certificated service area.  With respect to electric customers 
served by a municipally owned utility outside its certificated 
service area or otherwise served through others' distribution 
facilities, after retail competition begins as authorized by the 
legislature, the provisions of this chapter as administered by the 
commission apply.  Nothing in this chapter shall be deemed to apply 
to a wholesale customer of a municipally owned utility.
	Sec. 42.006 [17.006].  PROTECTIONS FOR CUSTOMERS OF 
ELECTRIC COOPERATIVES.  An electric cooperative shall not be deemed 
to be a "service provider" or "billing agent" for purposes of 
Sections 42.156(b) [17.156(b)] and (e).  The electric cooperative 
shall adopt, implement, and enforce rules that shall have the 
effect of accomplishing the objectives set out in Sections 
42.004(a) and (b) and 42.102 [17.004(a) and (b) and 17.102].  The 
board of directors of the electric cooperative or its designee 
shall perform the dispute resolution function provided for by 
Section 42.157 [17.157] for electric customers served by the 
electric cooperative within its certificated service area.  With 
respect to electric customers served by an electric cooperative 
outside its certificated service area or otherwise served through 
others' distribution facilities, after the legislature authorizes 
retail competition, the provisions of this chapter as administered 
by the commission shall apply.  Nothing in this chapter shall be 
deemed to apply to a wholesale customer of an electric cooperative.
	Sec. 42.007 [17.007].  ELIGIBILITY PROCESS FOR CUSTOMER 
SERVICE DISCOUNTS.  The commission by rule shall provide for an 
integrated eligibility process for customer service discounts, 
including discounts under Section [Sections] 39.903 [and 55.015].
SUBCHAPTER B.  CERTIFICATION, REGISTRATION,
AND REPORTING REQUIREMENTS
	Sec. 42.051 [17.051].  ADOPTION OF RULES.  (a)  The 
commission shall adopt rules relating to certification, 
registration, and reporting requirements for a [certificated 
telecommunications utility, a] retail electric provider[,] or an 
electric utility, as well as all [telecommunications utilities that 
are not dominant carriers, pay telephone providers,] qualifying 
facilities that are selling capacity into the wholesale or retail 
market, exempt wholesale generators, and power marketers.
	(b)  The rules adopted under Subsections (a) and (c) shall be 
consistent with and no less effective than federal law and may not 
require the disclosure of highly sensitive competitive or trade 
secret information.
	(c)  The commission shall adopt rules governing the local 
registration of retail electric providers under Section 39.358.
	Sec. 42.052 [17.052].  SCOPE OF RULES.  The commission may 
adopt and enforce rules to:
		(1)  require certification or registration with the 
commission as a condition of doing business in this state, except 
that this requirement does not apply to municipally owned 
utilities;
		(2)  amend certificates or registrations to reflect 
changed ownership and control;
		(3)  establish rules for customer service and 
protection;                   
		(4)  suspend or revoke certificates or registrations 
for repeated violations of this chapter or commission rules, except 
that the commission may not revoke a certificate of convenience and 
necessity of an electric utility except as provided by Section 
37.059 [or a certificate of convenience and necessity of a 
telecommunications utility except as provided by Section 54.008]; 
and
		(5)  order [disconnection of a pay telephone service 
provider's pay telephones or] revocation of certification or 
registration for repeated violations of this chapter or commission 
rules.
	Sec. 42.053 [17.053].  REPORTS.  The commission may require 
a [telecommunications service provider, a] retail electric 
provider[,] or an electric utility to submit reports to the 
commission concerning any matter over which it has authority under 
this chapter.
SUBCHAPTER C.  CUSTOMER'S RIGHT TO CHOICE
	Sec. 42.101 [17.101].  POLICY.  It is the policy of this 
state that all customers be protected from the unauthorized 
switching of a [telecommunications service provider, a] retail 
electric provider[,] or an electric utility selected by the 
customer to provide service, where choice is permitted by law.
	Sec. 42.102 [17.102].  RULES RELATING TO CHOICE.  The 
commission shall adopt and enforce rules that:
		(1)  ensure that customers are protected from deceptive 
practices employed in obtaining authorizations of service and in 
the verification of change orders, including negative option 
marketing, sweepstakes, and contests that cause customers to 
unknowingly change their [telecommunications service provider,] 
retail electric provider[,] or electric utility, where choice is 
permitted by law;
		(2)  provide for clear, easily understandable 
identification, in each bill sent to a customer, of all 
[telecommunications service providers,] retail electric 
providers[,] or electric utilities submitting charges on the bill;
		(3)  ensure that every service provider submitting 
charges on the bill is clearly and easily identified on the bill 
along with its services, products, and charges;
		(4)  provide that unauthorized changes in service be 
remedied at no cost to the customer within a period established by 
the commission;
		(5)  require refunds or credits to the customer in the 
event of an unauthorized change; and
		(6)  provide for penalties for violations of commission 
rules adopted under this section, including fines and revocation of 
certificates or registrations, by this action denying the 
[certificated telecommunications utility, the] retail electric 
provider[,] or the electric utility the right to provide service in 
this state, except that the commission may not revoke a certificate 
of convenience and necessity of an electric utility except as 
provided by Section 37.059 [or a certificate of convenience and 
necessity of a telecommunications utility except as provided by 
Section 54.008].
SUBCHAPTER D. PROTECTION AGAINST UNAUTHORIZED CHARGES
	Sec. 42.151 [17.151].  REQUIREMENTS FOR SUBMITTING CHARGES.  
(a)  A service provider, retail electric provider, or billing agent 
may submit charges for a new product or service to be billed on a 
customer's [telephone or] retail electric bill on or after the 
effective date of this section only if:
		(1)  the service provider offering the product or 
service has thoroughly informed the customer of the product or 
service being offered, including all associated charges, and has 
explicitly informed the customer that the associated charges for 
the product or service will appear on the customer's [telephone or] 
electric bill;
		(2)  the customer has clearly and explicitly consented 
to obtain the product or service offered and to have the associated 
charges appear on the customer's [telephone or] electric bill and 
the consent has been verified as provided by Subsection (b); and
		(3)  the service provider offering the product or 
service and any billing agent for the service provider:
			(A)  has provided the customer with a toll-free 
telephone number the customer may call and an address to which the 
customer may write to resolve any billing dispute and to answer 
questions; and
			(B)  has contracted with the billing utility to 
bill for products and services on the billing utility's bill as 
provided by Subsection (c).
	(b)  The customer consent required by Subsection (a)(2) must 
be verified by the service provider offering the product or service 
by authorization from the customer.  A record of the customer 
consent, including verification, must be maintained by the service 
provider offering the product or service for a period of at least 24 
months immediately after the consent and verification have been 
obtained.  The method of obtaining customer consent and 
verification must include one or more of the following:
		(1)  written authorization from the customer;                                 
		(2)  [toll-free electronic authorization placed from 
the telephone number that is the subject of the product or service;
		[(3)]  oral authorization obtained by an independent 
third party; or
		(3) [(4)]  any other method of authorization approved 
by the commission [or the Federal Communications Commission].
	(c)  The contract required by Subsection (a)(3)(B) must 
include the service provider's name, business address, and business 
telephone number and shall be maintained by the billing utility for 
as long as the billing for the products and services continues and 
for the 24 months immediately following the permanent 
discontinuation of the billing.
	(d)  A service provider offering a product or service to be 
charged on a customer's [telephone or] electric bill and any 
billing agent for the service provider may not use any fraudulent, 
unfair, misleading, deceptive, or anticompetitive marketing 
practice to obtain customers, including the use of negative option 
marketing, sweepstakes, and contests.
	(e)  Unless verification is required by federal law or rules 
implementing federal law, Subsection (b) does not apply to 
customer-initiated transactions with [a certificated 
telecommunications provider or] an electric utility for which the 
service provider has the appropriate documentation.
	(f)  If a service provider is notified by a billing utility 
that a customer has reported to the billing utility that a charge 
made by the service provider is unauthorized, the service provider 
shall cease to charge the customer for the unauthorized product or 
service.
	[(g)  This section does not apply to message 
telecommunications services charges that are initiated by dialing 
1+, 0+, 0-, 1010XXX, or collect calls and charges for video services 
if the service provider has the necessary call detail record to 
establish the billing for the call or service.]
	Sec. 42.152 [17.152].  RESPONSIBILITIES OF BILLING UTILITY.  
(a)  If a customer's [telephone or] retail electric bill is charged 
for any product or service without proper customer consent or 
verification, the billing utility, on its knowledge or notification 
of any unauthorized charge, shall promptly, not later than 45 days 
after the date of knowledge or notification of the charge:
		(1)  notify the service provider to cease charging the 
customer for the unauthorized product or service;
		(2)  remove any unauthorized charge from the customer's 
bill;               
		(3)  refund or credit to the customer all money that has 
been paid by the customer for any unauthorized charge, and if the 
unauthorized charge is not adjusted within three billing cycles, 
shall pay interest on the amount of the unauthorized charge;
		(4)  on the customer's request, provide the customer 
with all billing records under its control related to any 
unauthorized charge within 15 business days after the date of the 
removal of the unauthorized charge from the customer's bill; and
		(5)  maintain for at least 24 months a record of every 
customer who has experienced any unauthorized charge for a product 
or service on the customer's [telephone or] electric bill and who 
has notified the billing utility of the unauthorized charge.
	(b)  A record required by Subsection (a)(5) shall contain for 
each unauthorized charge:
		(1)  the name of the service provider that offered the 
product or service;  
		(2)  any affected [telephone numbers or] addresses;          
		(3)  the date the customer requested that the billing 
utility remove the unauthorized charge;
		(4)  the date the unauthorized charge was removed from 
the customer's [telephone or] electric bill; and
		(5)  the date any money that the customer paid for the 
unauthorized charges was refunded or credited to the customer.
	(c)  A billing utility may not:                                                
		(1)  disconnect or terminate [telecommunications or] 
electric service to any customer for nonpayment of an unauthorized 
charge; or
		(2)  file an unfavorable credit report against a 
customer who has not paid charges the customer has alleged were 
unauthorized unless the dispute regarding the unauthorized charge 
is ultimately resolved against the customer, except that the 
customer shall remain obligated to pay any charges that are not in 
dispute, and this subsection does not apply to those undisputed 
charges.
	Sec. 42.153 [17.153].  RECORDS OF DISPUTED CHARGES.  (a)  
Every service provider shall maintain a record of every disputed 
charge for a product or service placed on a customer's bill.
	(b)  The record required under Subsection (a) shall contain 
for every disputed charge:
		(1)  any affected [telephone numbers or] addresses;          
		(2)  the date the customer requested that the billing 
utility remove the unauthorized charge;
		(3)  the date the unauthorized charge was removed from 
the customer's [telephone or] retail electric bill; and
		(4)  the date action was taken to refund or credit to 
the customer any money that the customer paid for the unauthorized 
charges.
	(c)  The record required by Subsection (a) shall be 
maintained for at least 24 months following the completion of all 
steps required by Section 42.152(a) [17.152(a)].
	Sec. 42.154 [17.154].  NOTICE.  (a)  A billing utility shall 
provide notice of a customer's rights under this section in the 
manner prescribed by the commission.
	(b)  Notice of a customer's rights must be provided by mail 
to each residential and retail business customer within 60 days of 
[the effective date of this section or by inclusion in the 
publication of the telephone directory next following] the 
effective date of this section.  In addition, each billing utility 
shall send the notice to new customers at the time service is 
initiated or to any customer at that customer's request.
	Sec. 42.155 [17.155].  PROVIDING COPY OF RECORDS.  A billing 
utility shall provide a copy of records maintained under Sections 
42.151(c), 42.152, and 42.154 [17.151(c), 17.152, and 17.154] to 
the commission staff on request.  A service provider shall provide a 
copy of records maintained under Sections 42.151(b) and 42.153
[17.151(b) and 17.153] to the commission on request.
	Sec. 42.156 [17.156].  VIOLATIONS.  (a)  If the commission 
finds that a billing utility violated this subchapter, the 
commission may implement penalties and other enforcement actions 
under Chapter 15.
	(b)  If the commission finds that any other service provider 
or billing agent subject to this subchapter has violated this 
subchapter or has knowingly provided false information to the 
commission on matters subject to this subchapter, the commission 
may enforce the provisions of Chapter 15 against the service 
provider or billing agent as if it were regulated by the commission.
	(c)  Neither the authority granted under this section nor any 
other provision of this subchapter shall be construed to grant the 
commission jurisdiction to regulate service providers or billing 
agents who are not otherwise subject to commission regulation, 
other than as specifically provided by this chapter.
	(d)  If the commission finds that a billing utility or 
service provider repeatedly violates this subchapter, the 
commission may, if the action is consistent with the public 
interest, suspend, restrict, or revoke the registration or 
certificate of the [telecommunications service provider,] retail 
electric provider[,] or electric utility, by this action denying 
the [telecommunications service provider,] retail electric 
provider[,] or electric utility the right to provide service in 
this state, except that the commission may not revoke a certificate 
of convenience and necessity of an electric utility except as 
provided by Section 37.059 [or a certificate of convenience and 
necessity of a telecommunications utility except as provided by 
Section 54.008].
	(e)  If the commission finds that a service provider or 
billing agent has repeatedly violated any provision of this 
subchapter, the commission may order the billing utility to 
terminate billing and collection services for that service provider 
or billing agent.
	(f)  Nothing in this subchapter shall be construed to 
preclude a billing utility from taking action on its own to 
terminate or restrict its billing and collection services.
	Sec. 42.157 [17.157].  DISPUTES.  (a)  The commission may 
resolve disputes between a retail customer and a billing utility, 
service provider, [telecommunications utility,] retail electric 
provider, or electric utility.
	(b)  In exercising its authority under Subsection (a), the 
commission may:   
		(1)  order a billing utility, service provider, retail 
electric provider, or electric utility to produce information or 
records;
		(2)  require that all contracts, bills, and other 
communications from a billing utility, service provider, retail 
electric provider, or electric utility display a working toll-free 
telephone number that customers may call with complaints and 
inquiries;
		(3)  require a billing utility, service provider, 
retail electric provider, or electric utility to refund or credit 
overcharges or unauthorized charges with interest if the billing 
utility, service provider, retail electric provider, or electric 
utility has failed to comply with commission rules or a contract 
with the customer;
		(4)  order appropriate relief to ensure that a 
customer's choice of a [telecommunications service provider, a] 
retail electric provider[,] or an electric utility that encompasses 
a geographic area in which more than one provider has been 
certificated is honored;
		(5)  require the continuation of service to a 
residential or small commercial customer while a dispute is pending 
regarding charges the customer has alleged were unauthorized; and
		(6)  investigate an alleged violation.                                        
	(c)  The commission shall adopt procedures for the 
resolution of disputes in a timely manner, which in no event shall 
exceed 60 days.
	Sec. 42.158 [17.158].  CONSISTENCY WITH FEDERAL LAW.  Rules 
adopted by the commission under this subchapter shall be consistent 
with and not more burdensome than applicable federal laws and 
rules.
	Sec. 42.159.  COMPLAINT REGARDING RECREATIONAL VEHICLE PARK 
OWNER.  (a)  An affected person may complain to the regulatory 
authority in writing describing an act or omission by a 
recreational vehicle park owner who provides metered electric 
service under Subchapter C, Chapter 184, in violation or claimed 
violation of a law that the regulatory authority has jurisdiction 
to administer or of an order, ordinance, or rule of the regulatory 
authority.
	(b)  The commission shall keep for a reasonable period an 
information file about each complaint filed with the commission 
relating to a recreational vehicle park owner.
	(c)  The commission, at least quarterly and until final 
disposition of the written complaint, shall notify the parties to 
the complaint of the status of the complaint unless the notice would 
jeopardize an undercover investigation.
	SECTION 3.  Section 33.023, Utilities Code, is amended by 
amending Subsection (b) and adding Subsection (c) to read as 
follows:
	(b)  The electric utility in the ratemaking proceeding shall 
reimburse the governing body of the municipality for the reasonable 
and necessary cost of the services of a person engaged under 
Subsection (a) to the extent the applicable regulatory authority 
determines the cost is reasonable and necessary.
	(c)  In determining whether attorney's fees to be recovered 
under this section are reasonable and necessary, the applicable 
regulatory authority shall:
		(1)  consider the factors prescribed by Rule 1.04, 
Texas Disciplinary Rules of Professional Conduct; and
		(2)  limit the amount of attorney's fees recovered to an 
amount rationally related to and approximately proportional to the 
municipality's interest as compared to the interests of other 
parties in the overall ratemaking proceeding.
	SECTION 4.  Section 35.004(e), Utilities Code, is amended to 
read as follows:
	(e)  The commission shall ensure that ancillary services 
necessary to facilitate the transmission of electric energy are 
made available by suppliers and acquired by the independent 
organization at reasonable prices with terms and conditions that 
are not unreasonably preferential, prejudicial, discriminatory, 
predatory, or anticompetitive.  In this subsection, "ancillary 
services" means services necessary to facilitate the transmission 
of electric energy including load following, standby power, backup 
power, reactive power, and any other services as the commission may 
determine by rule. [On the introduction of customer choice in the 
ERCOT power region, acquisition of generation-related ancillary 
services on a nondiscriminatory basis by the independent 
organization in ERCOT on behalf of entities selling electricity at 
retail shall be deemed to meet the requirements of this 
subsection.]
	SECTION 5.  Section 38.001, Utilities Code, is amended to 
read as follows:   
	Sec. 38.001.  GENERAL STANDARD.  An electric utility, a 
municipally owned utility, a power generation company, an 
independent organization certified under Section 39.151, and an 
electric cooperative shall furnish service, instrumentalities, and 
facilities that are safe, adequate, efficient, and reasonable.
	SECTION 6.  Section 38.005, Utilities Code, is amended by 
amending Subsection (a) and adding Subsections (g) and (h) to read 
as follows:
	(a)  The commission shall adopt and enforce rules as 
necessary or appropriate to ensure [implement] service quality and 
reliability [standards] relating to the delivery of electricity to 
[retail] customers by electric utilities and transmission and 
distribution utilities.  The commission by rule shall develop 
reliability standards, including:
		(1)  the system-average interruption frequency index 
(SAIFI);               
		(2)  the system-average interruption duration index 
(SAIDI);                
		(3)  achievement of average response time for customer 
service requests or inquiries; or
		(4)  other standards that the commission finds 
reasonable and appropriate.  
	(g)  This section does not authorize the commission to:                 
		(1)  establish or enforce quality standards for local 
distribution service provided by a municipally owned utility or an 
electric cooperative; or
		(2)  require reporting of local distribution service 
quality by a municipally owned utility or an electric cooperative.
	(h)  An electric utility, transmission and distribution 
utility, retail electric provider, municipally owned utility, 
electric cooperative, power marketer, independent organization 
certified under Section 39.151, or power generation company, and 
any other person scheduling power or operating an electrical 
facility on behalf of such persons, shall observe all reliability, 
security, and emergency management rules and orders adopted or 
issued by the commission.  The commission may:
		(1)  take any enforcement action against a person who 
does not comply with this subsection that is authorized by 
Subchapter B, Chapter 15;
		(2)  suspend, revoke, or amend an electric utility's or 
transmission and distribution utility's certificate of public 
convenience and necessity;
		(3)  suspend, revoke, or amend a retail electric 
provider's certificate;
		(4)  suspend or revoke a power marketer's registration; 
or           
		(5)  suspend or revoke a power generation company's 
registration.    
	SECTION 7.  Section 39.002, Utilities Code, is amended to 
read as follows:   
	Sec. 39.002.  APPLICABILITY.  This chapter, other than 
Sections 39.151(j), 39.155, 39.157(a) and (e) [39.157(e)], 39.203, 
39.903, and 39.904, does not apply to a municipally owned utility or 
an electric cooperative.  Sections 39.157(e), 39.203, and 39.904, 
however, apply only to a municipally owned utility or an electric 
cooperative that is offering customer choice.  If there is a 
conflict between the specific provisions of this chapter and any 
other provisions of this title, except for Chapters 40 and 41, the 
provisions of this chapter control.
	SECTION 8.  Section 39.103, Utilities Code, is amended to 
read as follows:   
	Sec. 39.103.  COMMISSION AUTHORITY TO DELAY COMPETITION AND 
SET NEW RATES.  (a) If the commission determines under Section 
39.104 that a power region is unable to offer fair competition and 
reliable service to all retail customer classes on January 1, 2002, 
the commission shall delay customer choice for the power region and 
may on or after January 1, 2002, establish new rates for all 
electric utilities in the power region as provided by Chapter 36.
	(b)  In the event of a catastrophic occurrence that causes a 
disruption of electricity markets and that the governor declares 
has resulted in an energy emergency, the commission may suspend 
competitive wholesale and retail market rules and set rates.
	(c)  The commission by rule shall provide for an expedited 
procedure to exercise its authority under Subsection (b), including 
provisions for notifying affected persons.
	(d)  The commission is not required to conduct a contested 
case to exercise its authority under Subsection (b).
	(e)  If the commission determines, after a contested case 
hearing or an opportunity for a contested case hearing, that a 
person violated a commission order issued under Subsection (b), the 
commission may:
		(1)  order the person to refund any compensation the 
person obtained as a result of the violation;
		(2)  assess an administrative penalty against the 
person; or         
		(3)  take any action against the person authorized by 
Sections 38.005(h)(2)-(5).
	SECTION 9.  Section 39.151, Utilities Code, is amended by 
amending Subsections (b), (c), (d), (e), (g), and (j) and adding 
Subsections (g-1)-(g-5) to read as follows:
	(b)  "Independent organization" means an independent system 
operator or other person that is sufficiently independent of any 
producer or seller of electricity that its decisions will not be 
unduly influenced by any producer or seller.  [An entity will be 
deemed to be independent if it is governed by a board that has three 
representatives from each segment of the electric market, with the 
consumer segment being represented by one residential customer, one 
commercial customer, and one industrial retail customer.]
	(c)  The commission shall certify an independent 
organization or organizations to perform the functions prescribed 
by this section.  The commission has complete authority to oversee, 
require the commission's approval of, and order modifications of 
any part of the finances, budget, or operations of an independent 
organization certified under this section.
	(d)  An independent organization certified by the commission 
for a power region shall establish and enforce procedures, 
consistent with this title and the commission's rules, relating to 
the reliability of the regional electrical network and accounting 
for the production and delivery of electricity among generators and 
all other market participants.  The procedures shall be subject to 
commission oversight, [and] review, and approval.  An independent 
organization certified by the commission is directly responsible 
and accountable to the commission.  The organization shall fully 
cooperate with the commission in the commission's oversight and 
investigatory functions.  The commission may decertify an 
organization that does not adequately perform the organization's 
functions or duties or does not comply with this section.
	(e)  The commission by rule shall require an independent 
organization certified under this section to provide the commission 
with sufficiently detailed information to allow the commission to 
review and approve or disapprove the independent organization's 
budget for cost efficiencies and for the reasonableness and 
necessity of budget items.  The rules must include a timetable for 
an independent organization to file its budget for review under the 
rules.  The commission's budget review must include a review of 
salaries, employee benefits, and the independent organization's 
use of debt financing.  After determining the overall 
reasonableness and necessity of an independent organization's 
budget, the [The] commission, in the same proceeding, may authorize 
the [an] independent organization [that is certified under this 
section] to charge [a reasonable and competitively neutral rate] to 
wholesale buyers and sellers a reasonable and competitively neutral 
rate determined by the commission to allow [cover] the independent 
organization a reasonable opportunity to take in a reasonable and 
necessary amount of revenue, as determined by the commission in the 
budget review process.  The independent organization may change the 
rate established by the commission in the budget review process 
only with the commission's approval.  On the commission's own 
initiative or on receiving a complaint, the commission may inquire 
into the reasonableness of an independent organization's budget or 
rate [costs].
	(g)  To maintain certification as an independent 
organization under this section, an organization's  [If it amends 
its governance rules to provide that its governing body is composed 
as prescribed by this subsection, the existing independent system 
operator in ERCOT will meet the criteria provided by Subsection (a) 
with respect to ensuring access to the transmission systems for all 
buyers and sellers of electricity in the ERCOT region and ensuring 
the reliability of the regional electrical network.  To comply with 
this subsection, the] governing body must be composed of persons 
specified by this section and selected in accordance with formal 
bylaws or protocols of the organization.  The bylaws or protocols 
must be approved by the commission and must reflect the input of the 
commission.  The bylaws or protocols must prescribe professional 
qualifications for selection as a member, require the use of a 
professional search firm to identify candidates for membership, and 
specify the process by which appropriate stakeholders elect 
members.  The process must allow for commission input in 
identifying candidates.  The governing body must be composed of:
		(1)  the chairman of the commission as an ex officio 
nonvoting member;      
		(2)  the counselor [counsellor] as an ex officio voting 
member representing residential and small commercial consumer 
interests;
		(3)  the chief executive officer [director] of the 
independent system operator as an ex officio voting member;
		(4)  six market participants elected by their 
respective market segments to serve one-year terms, with:
			(A)  one representing independent generators;                         
			(B)  one representing investor-owned utilities;                       
			(C)  one representing power marketers;                                
			(D)  one representing retail electric providers;                      
			(E)  one representing municipally owned 
utilities; and              
			(F)  one representing electric cooperatives [four 
representatives of the power generation sector as voting members];
		(5)  one member representing industrial consumer 
interests and elected by the industrial consumer market segment to 
serve a one-year term [four representatives of the transmission and 
distribution sector as voting members];
		(6)  one member representing large commercial consumer 
interests selected by the outgoing large commercial consumer 
representative to serve a one-year term [four representatives of 
the power sales sector as voting members]; and
		(7)  six members unaffiliated with any market segment 
and selected by the other members of the governing body to serve 
three-year terms [the following people as voting members, appointed 
by the commission:
			[(A)  one representative of residential 
customers;        
			[(B)  one representative of commercial customers; 
and     
			[(C)  one representative of industrial 
customers].        
	[The four representatives specified in each of Subdivisions 
(4), (5), and (6) shall be selected in a manner that ensures 
equitable representation for the various sectors of industry 
participants.]
	(g-1)  The presiding officer of the governing body must be 
one of the members described by Subsection (g)(7).
	(g-2)  In voting on a matter before the governing body, 
members must have their votes counted as provided by this 
subsection.  The member described by Subsection (g)(3) has one 
vote.  The members described by:
		(1)  Subsection (g)(4) have two votes each;                            
		(2)  Subsections (g)(2), (5), and (6) have two votes 
each; and       
		(3)  Subsection (g)(7), including the presiding 
officer, have three votes each.
	(g-3)  A quorum of the governing body is present only when:             
		(1)  at least four of the members described by 
Subsections (g)(3) and (7) are present; and
		(2)  a number of other members are present so that at 
least nine members are present.
	(g-4)  The governing body by rule or bylaw may limit the time 
members described by Subsections (g)(2), (4), (5), and (6) may 
present evidence, arguments, or questions during a meeting of the 
body.
	(g-5)  The governing body and its members are subject to 
Chapter 551, Government Code, in the same manner as that chapter 
applies to a governmental body and the members of a governmental 
body, except that the requirements pertaining to executive sessions 
of the governing body, to advance notice of meetings and planned 
agendas of the meetings, and the opportunity to comment on matters 
under discussion at the meetings contained in the independent 
organization's bylaws apply in lieu of conflicting requirements of 
that chapter.
	(j)  A retail electric provider, municipally owned utility, 
electric cooperative, power marketer, transmission and 
distribution utility, or power generation company, or any other 
person who participates in a market operated by the independent 
system operator in ERCOT, shall observe all scheduling, operating, 
planning, reliability, and settlement policies, rules, guidelines, 
and procedures established by the independent system operator in 
ERCOT.  A violation by any person of [Failure to comply with] this 
subsection may result in the revocation, suspension, or amendment 
of that person's [a] certificate or registration as provided by 
Section 39.356 or in the imposition against that person of an 
administrative penalty [as provided by Section 39.357].  The 
commission may require the refunding or disgorgement of revenues 
that accrue as a result of a violation of this subsection.
	SECTION 10.  Subchapter D, Chapter 39, Utilities Code, is 
amended by adding Sections 39.1511, 39.1512, and 39.1515 to read as 
follows:
	Sec. 39.1511.  PUBLIC MEETINGS OF GOVERNING BODY OF 
INDEPENDENT ORGANIZATION.  (a)  The bylaws of the independent 
organization and the rules of the commission may provide for the 
governing body or subcommittee to enter into executive session 
closed to the public to address sensitive matters such as 
confidential personnel information, contracts, lawsuits, 
competitively sensitive information, or other information related 
to security of the regional electrical network.
	(b)  The bylaws of the independent organization and rules of 
the commission must ensure that a person interested in the 
activities of the independent organization has an opportunity to 
obtain at least seven days' advance notice of meetings and the 
planned agendas of the meetings and an opportunity to comment on 
matters under discussion at the meetings.
	Sec. 39.1512.  DISCLOSURE OF INTEREST IN MATTER BEFORE 
INDEPENDENT ORGANIZATION'S GOVERNING BODY; PARTICIPATION IN 
DECISION.  (a)  If a matter comes before the governing body of an 
independent organization certified under Section 39.151 and a 
member or a person that member represents has a direct interest in 
that matter, the member shall publicly disclose the fact of that 
interest to the governing body at a public meeting of the body.  The 
member shall recuse himself or herself from the governing body's 
deliberations and actions on the matter and may not vote on the 
matter or otherwise participate in a governing body decision on the 
matter.
	(b)  A disclosure made under Subsection (a) shall be entered 
in the minutes of the meeting at which the disclosure is made.
	(c)  The fact that a member is recused from a vote or decision 
by application of this section does not affect the existence of a 
quorum. 
	Sec. 39.1515.  WHOLESALE ELECTRIC MARKET MONITOR.  (a)  An 
independent organization certified under Section 39.151 shall 
contract with a private person selected by the commission to act as 
the state's wholesale electric market monitor and to detect and 
prevent market manipulation strategies.
	(b)  The independent organization shall provide to the 
personnel of the market monitor:
		(1)  full access to the organization's main operations 
center; and   
		(2)  other support and cooperation the commission 
determines is necessary for the market monitor to perform the 
market monitor's functions.
	(c)  The independent organization shall use money from the 
rate authorized by Section 39.151(e) to pay for the market 
monitor's activities.
	(d)  The commission is responsible for ensuring that the 
market monitor has the resources, expertise, and authority 
necessary to monitor the wholesale electric market effectively and 
shall adopt rules and perform oversight of the market monitor as 
necessary.  The commission by rule shall define:
		(1)  the market monitor's monitoring responsibilities;                 
		(2)  the standards for funding the market monitor, 
including staffing requirements;
		(3)  qualifications for personnel of the market 
monitor; and         
		(4)  ethical standards for the market monitor and the 
personnel of the market monitor.
	(e)  In adopting rules governing the standards for funding 
the market monitor, the commission shall consult with a 
subcommittee of the independent organization's governing body to 
receive information on how money is or should be spent for 
monitoring functions.  Rules governing ethical standards must 
include provisions designed to ensure that the personnel of the 
market monitor are professionally and financially independent from 
market participants.  The commission shall develop and implement 
policies that clearly separate the policy-making responsibilities 
of the commission and the operational responsibilities of the 
market monitor.
	(f)  The market monitor immediately shall report directly to 
the commission any potential market manipulations and any 
discovered or potential violations of commission rules or rules of 
the independent organization.
	(g)  The personnel of the market monitor may communicate with 
commission staff on any matter without restriction.
	(h)  The market monitor annually shall submit to the 
commission and the independent organization a report that 
identifies market design flaws and recommends methods to correct 
the flaws.  The commission and the independent organization shall 
review the report and evaluate whether changes to rules of the 
commission or the independent organization should be made.
	SECTION 11.  Section 39.155(a), Utilities Code, is amended 
to read as follows:
	(a)  Each person, municipally owned utility, electric 
cooperative, and river authority that owns generation facilities 
and offers electricity for sale in this state shall report to the 
commission its installed generation capacity, the total amount of 
capacity available for sale to others, the total amount of capacity 
under contract to others, the total amount of capacity dedicated to 
its own use, its annual wholesale power sales in the state, its 
annual retail power sales in the state, and any other information 
necessary for the commission to assess market power or the 
development of a competitive retail market in the state.  The 
commission shall by rule prescribe the nature and detail of the 
reporting requirements and shall administer those reporting 
requirements in a manner that ensures the confidentiality of 
competitively sensitive information.  The commission, after a 
contested case hearing or an opportunity for a contested case 
hearing, may release to the public any information in the 
commission's possession if the commission finds that:
		(1)  the information is not competitively sensitive or 
confidential by law; and
		(2)  the release of the information is in the public 
interest.       
	SECTION 12.  Section 39.157(a), Utilities Code, is amended 
to read as follows:
	(a)  The commission shall monitor market power associated 
with the generation, transmission, distribution, and sale of 
electricity in this state.  On a finding that market power abuses or 
other violations of this section are occurring, the commission 
shall require reasonable mitigation of the market power by ordering 
the construction of additional transmission or distribution 
facilities, by seeking an injunction or civil penalties as 
necessary to eliminate or to remedy the market power abuse or 
violation as authorized by Chapter 15, by imposing an 
administrative penalty as authorized by Chapter 15, requiring 
refunds or disgorgement of revenues received as a result of market 
power abuse, or [by] suspending, revoking, or amending a 
certificate or registration as authorized by Section 39.356.  
[Section 15.024(c) does not apply to an administrative penalty 
imposed under this section.]  For purposes of this subchapter, 
market power abuses are practices by persons possessing market 
power that are unreasonably discriminatory or tend to unreasonably 
restrict, impair, or reduce the level of competition, including 
practices that tie unregulated products or services to regulated 
products or services or unreasonably discriminate in the provision 
of regulated services.  For purposes of this section, "market power 
abuses" include predatory pricing, withholding of production, 
precluding entry, and collusion.  A violation of the code of conduct 
provided by Subsection (d) that materially impairs the ability of a 
person to compete in a competitive market shall be deemed to be an 
abuse of market power.  The possession of a high market share in a 
market open to competition may not, of itself, be deemed to be an 
abuse of market power; however, this sentence shall not affect the 
application of state and federal antitrust laws.
	SECTION 13.  Section 39.205, Utilities Code, is amended to 
read as follows:  
	Sec. 39.205.  REGULATION OF COSTS FOLLOWING FREEZE PERIOD.  
At the conclusion of the freeze period, any remaining costs 
associated with nuclear decommissioning obligations continue to be 
subject to cost of service rate regulation and shall be included as 
a nonbypassable charge to retail customers.  The commission may 
adopt rules necessary to ensure that money for decommissioning is 
prudently collected, managed, and spent for its intended purpose 
and that money that remains unspent after decommissioning is 
completed is returned to retail customers.
	SECTION 14.  Section 39.903(a), as amended by Chapters 211 
and 1296, Acts of the 78th Legislature, Regular Session, 2003, is 
reenacted and amended to read as follows:
	(a)  The system benefit fund is an account in the general 
revenue fund.  Money in the account may be appropriated only for the 
purposes provided by this section or other law.  Interest earned on 
the system benefit fund shall be credited to the fund.  [Section 
403.095, Government Code, does not apply to the system benefit 
fund.]
	SECTION 15.  Section 39.903(e), Utilities Code, as amended 
by Chapters 1394, 1451, and 1466, Acts of the 77th Legislature, 
Regular Session, 2001, is reenacted and amended to read as follows:
	(e)  Money in the system benefit fund may be appropriated to 
provide funding solely for the following regulatory purposes, [and] 
in the following order of priority:
		(1)  programs to assist low-income electric customers 
by providing the 10 percent reduced rate prescribed by Subsection 
(h);
		(2)  customer education programs, administrative 
expenses incurred by the commission in implementing and 
administering this chapter, and expenses incurred by the office 
under this chapter;
		(3)  programs to assist low-income electric customers 
by providing the targeted energy efficiency programs described by 
Subsection (f)(2);
		(4)  the school funding loss mechanism provided by 
Section 39.901; and
		(5)  programs to assist low-income electric customers 
by providing the 20 percent reduced rate prescribed by Subsection 
(h)[; and
		[(6)  reimbursement to the commission and the Texas 
Department of Human Services for expenses incurred in the 
implementation and administration of an integrated eligibility 
process created under Section 17.007 for customer service discounts 
relating to retail electric service, including outreach expenses 
the commission determines are reasonable and necessary].
	SECTION 16.  Section 39.903(h), Utilities Code, is amended 
to read as follows:
	(h)  The commission shall adopt rules for a retail electric 
provider to determine a reduced rate for eligible customers to be 
discounted off the standard retail service package as approved by 
the commission under Section 39.106, or the price to beat 
established by Section 39.202, whichever is lower.  Municipally 
owned utilities and electric cooperatives shall establish a reduced 
rate for eligible customers to be discounted off the standard 
retail service package established under Section 40.053 or 41.053, 
as appropriate.  The reduced rate for a retail electric provider 
shall result in a total charge that is at least 10 percent and, if 
sufficient money in the system benefit fund is available, up to 20 
percent, lower than the amount the customer would otherwise be 
charged.  To the extent the system benefit fund is insufficient to 
fund the initial 10 percent rate reduction, the commission may 
increase the fee to an amount not more than 65 cents per megawatt 
hour, as provided by Subsection (b).  If the fee is set at 65 cents 
per megawatt hour and the commission determines that the system 
benefit fund is still insufficient to fund the 10 percent rate 
reduction for any reason, the commission may reduce the rate 
reduction to less than 10 percent.  For a municipally owned utility 
or electric cooperative, the reduced rate shall be equal to an 
amount that can be fully funded by that portion of the nonbypassable 
fee proceeds paid by the municipally owned utility or electric 
cooperative that is allocated to the utility or cooperative by the 
commission under Subsection (e) for programs for low-income 
customers of the utility or cooperative.  The reduced rate for 
municipally owned utilities and electric cooperatives under this 
section is in addition to any rate reduction that may result from 
local programs for low-income customers of the municipally owned 
utilities or electric cooperatives.
	SECTION 17.  Section 40.001(a), Utilities Code, is amended 
to read as follows:
	(a)  Notwithstanding any other provision of law, except 
Sections 39.151(j), 39.155, 39.157(a) and (e) [39.157(e)], 39.203, 
39.903, and 39.904, this chapter governs the transition to and the 
establishment of a fully competitive electric power industry for 
municipally owned utilities.  With respect to the regulation of 
municipally owned utilities, this chapter controls over any other 
provision of this title, except for sections in which the term 
"municipally owned utility" is specifically used.
	SECTION 18.  Section 41.001, Utilities Code, is amended to 
read as follows:  
	Sec. 41.001.  APPLICABLE LAW.  Notwithstanding any other 
provision of law, except Sections 39.151(j), 39.155, 39.157(a) and 
(e) [39.157(e)], 39.203, 39.903, and 39.904, this chapter governs 
the transition to and the establishment of a fully competitive 
electric power industry for electric cooperatives.  Regarding the 
regulation of electric cooperatives, this chapter shall control 
over any other provision of this title, except for sections in which 
the term "electric cooperative" is specifically used.
	SECTION 19.  Section 52.254, Utilities Code, is repealed.                      
	SECTION 20.  The change in law made by this Act relating to 
qualifications and eligibility to serve as a commissioner or to be 
employed with the Public Utility Commission of Texas applies only 
to a commissioner or employee appointed or employed after the 
effective date of this Act.  A commissioner or employee of the 
Public Utility Commission of Texas who is serving or employed on the 
effective date of this Act is governed by the law as it existed 
immediately before the effective date of this Act, and the former 
law is continued in effect for that purpose.
	SECTION 21.  An independent organization certified by the 
Public Utility Commission of Texas before September 1, 2005, shall 
modify the organization's governing body to comply with Section 
39.151(g), Utilities Code, as amended by this Act, not later than 
January 1, 2006.  On or after January 1, 2006, the Public Utility 
Commission of Texas may decertify an independent organization whose 
governing body does not comply with Section 39.151(g), Utilities 
Code, as amended by this Act.
	SECTION 22.  This Act takes effect September 1, 2005.