79R4277 CBH-F
By: Cook of Colorado H.B. No. 2245
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 304.001(d), Local Government Code, is
amended to read as follows:
(d) A political subdivision corporation may negotiate on
behalf of its incorporating political subdivisions and the citizens
of member political subdivisions who create citizen aggregation
programs under Section 304.002 for the purchase of electricity,
make contracts for the purchase of electricity, purchase
electricity, and take any other action necessary to purchase
electricity for use in the public facilities or by citizens of the
political subdivision or subdivisions represented by the political
subdivision corporation. In this subsection, "electricity" means
electric energy, capacity, energy services, ancillary services, or
other electric services for retail or wholesale consumption by the
political subdivisions.
SECTION 2. Section 304.002, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (b-1),
(d), and (e) to read as follows:
(a) A political subdivision aggregator may negotiate for
the purchase of electricity and energy services, contract for the
purchase of electricity, purchase electricity, and take any other
action necessary to purchase electricity on behalf of the citizens
of the political subdivision or subdivisions[. The citizens must
affirmatively request to be included in the aggregation services by
the political subdivision aggregator].
(b-1) The governing body of a political subdivision with a
population of less than 40,000 may adopt an ordinance or resolution
providing for automatic enrollment of citizens of the political
subdivision in aggregation services. If the governing body of the
political subdivision provides for automatic enrollment of the
citizens in aggregation services, the political subdivision shall
send to each citizen by mail a written notice that citizens served
by an affiliated retail electric provider will be automatically
enrolled unless a citizen expressly requests to not be enrolled.
(d) An affiliated retail electric provider and the
transmission and distribution utility 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.
(e) This section is not intended to abrogate an electric
service contract between a citizen of any municipality and a
competitive retail electric provider.
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, 2005.