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A BILL TO BE ENTITLED
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AN ACT
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relating to the generation of hydroelectric power by the Sabine |
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River Authority in the Toledo Bend Reservoir. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14, Chapter 110, Acts of the 51st |
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Legislature, Regular Session, 1949 (Article 8280-133, Vernon's |
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Texas Civil Statutes), is amended by amending Subsection (k) and |
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adding Subsections (k-1), (k-2), and (o-1) to read as follows: |
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(k) Except as provided by Subsection (k-1), the [The] |
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district may provide for the control, storing and employment of |
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said waters in the development and distribution of hydro-electric |
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power, where such use may be economically co-ordinated with other |
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and superior uses, and subordinated to the uses declared by law to |
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be superior. |
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(k-1) The district may not use or sell the use of the waters |
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of the Toledo Bend Reservoir to generate hydro-electric power if |
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the mean sea level of the reservoir is below 168 feet, unless: |
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(1) the Federal Energy Regulatory Commission or |
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another federal agency orders or requires a reduction in the water |
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level of the reservoir to inspect or repair the dam; |
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(2) the failure to use or sell the use of the waters of |
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the reservoir to generate hydro-electric power will result in a |
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supply of electric power that does not meet the demand of the firm |
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or uninterruptible users of the power; or |
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(3) the failure to use the reservoir waters to |
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generate hydro-electric power will result in the failure to satisfy |
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minimum down-river flow requirements necessary to: |
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(A) meet water sales from the diversion canals of |
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the Sabine River channel and diversion system; and |
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(B) deter saltwater encroachment. |
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(k-2) If the district does not sell the use of the waters of |
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the Toledo Bend Reservoir because Subsection (k-1) applies, the |
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difference between the price paid by the electric utility to |
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purchase power on the open market and the price the electric utility |
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would have paid for hydro-electric power from the district does not |
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affect existing or future system power agreements between |
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multi-state electric utilities. |
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(o-1) The board of directors of the district may charge an |
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electric utility the current market rate for hydro-electric power. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |