80R6805 TAD-D
 
  By: Martinez H.B. No. 2343
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to providing a discounted rate for electricity provided to
certain school districts.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  The heading to Section 36.351, Utilities Code,
is amended to read as follows:
       Sec. 36.351.  DISCOUNTED RATES FOR CERTAIN PUBLIC SCHOOL
DISTRICTS AND [CERTAIN] INSTITUTIONS OF HIGHER EDUCATION.
       SECTION 2.  Sections 36.351(a), (d), (e), and (f), Utilities
Code, are amended to read as follows:
       (a)  Notwithstanding any other provision of this title, each
electric utility and municipally owned utility shall discount
charges for electric service provided to a facility of a public
school district that is eligible to receive state assistance under
Section 42.302, Education Code, or a facility of a four-year state
university, upper-level institution, Texas State Technical
College, or college.
       (d)  A municipally owned utility is exempt from this section
if the municipally owned utility:
             (1)  [,]  on September 1, 1995, discounted base
commercial rates for electric service provided to all four-year
state universities or colleges in its service area by 20 percent or
more; or
             (2)  on September 1, 2007, discounted by 20 percent or
more base commercial rates for electric service provided to all
facilities of a school district that is eligible to receive state
assistance under Section 42.302, Education Code.
       (e)  This section does not apply to a rate charged to an
institution of higher education by a municipally owned utility that
provides a discounted rate to the state for electric services below
rates in effect on January 1, 1995, or to a rate charged to a school
district that is eligible to receive state assistance under Section
42.302, Education Code, by a municipally owned utility that
provides a discount to the school district for electric service
below rates in effect on September 1, 2007, if the discounted rate
provides a greater financial discount to the state or to the school
district than is provided to the institution of higher education or
school district through the discount provided by this section.
       (f)  An investor-owned electric utility may not recover from
residential customers or any other customer class the assigned and
allocated costs of serving a school district or a state university
or college that receives a discount under this section.
       SECTION 3.  This Act takes effect September 1, 2007.