By: Ritter H.B. No. 2818
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the delay of retail electric competition in the areas of
the state covered by the Southeastern Electric Reliability Council.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 39, Utilities Code, is amended by adding
Section 39.4005 to read as follows:
       Sec. 39.4005.  DELAY OF RETAIL COMPETITION.  (a)  The
commission shall not implement or consider the implementation of
retail electric competition in electric control areas within the
Southeastern Reliability Corporation that are not currently
engaged in retail electric competition unless instructed to do so
by specific legislative actions.
       (b)  An Electric utility operating in the Southeastern
Reliability Corporation which is subject to traditional cost of
service rate regulation and currently have a transition to
competition plan on file at the commission shall, within 180 days of
the effective date of this Section:
             (1)  withdraw such plan from the commission;
             (2)  cease all activities related to such plan; and
             (3)  file with the commission for recovery of any costs
incurred as a result of the preparation, filing and pursuit of such
plan.
       (c)  This section shall prevail over any conflicting
provision or provisions in this subchapter.
       SECTION 2.  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, 2007.