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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Public Utility Commission of Texas |
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in relation to the regulation of the electric power market. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 15, Utilities Code, is |
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amended by adding Section 15.0205 to read as follows: |
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Sec. 15.0205. DEFINITION OF PERSON. In this subchapter, |
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"person" includes a municipally owned utility and an electric |
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cooperative in relation to a violation of Section 39.151(j) or |
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39.157(a). |
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SECTION 2. Section 39.002, Utilities Code, is amended to |
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read as follows: |
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Sec. 39.002. APPLICABILITY. This chapter, other than |
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Sections 39.151(j), 39.155, 39.157(a), 39.157(e), 39.203, 39.903, |
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and 39.904, does not apply to a municipally owned utility or an |
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electric cooperative. Sections 39.157(e), 39.203, and 39.904, |
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however, apply only to a municipally owned utility or an electric |
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cooperative that is offering customer choice. If there is a |
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conflict between the specific provisions of this chapter and any |
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other provisions of this title, except for Chapters 40 and 41, the |
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provisions of this chapter control. |
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SECTION 3. Section 39.151(j), Utilities Code, is amended to |
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read as follows: |
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(j) A retail electric provider, municipally owned utility, |
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electric cooperative, power marketer, transmission and |
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distribution utility, [or] power generation company, entity that |
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schedules power on behalf of those entities, or other entity that |
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participates in a market operated by the independent system |
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operator in ERCOT shall observe all scheduling, operating, |
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planning, reliability, and settlement policies, rules, guidelines, |
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and procedures established by the independent system operator in |
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ERCOT. Failure to comply with this subsection may result in the |
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revocation, suspension, or amendment of a certificate as provided |
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by Section 39.356 or in the imposition against that entity of an |
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administrative penalty [as provided by Section 39.357]. The |
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commission may require a refund or disgorgement of revenue that |
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accrues as a result of a violation of this subsection. |
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SECTION 4. Section 40.001(a), Utilities Code, is amended to |
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read as follows: |
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(a) Notwithstanding any other provision of law, except |
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Subchapter B, Chapter 15, and Sections 39.151(j), 39.155, |
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39.157(a), 39.157(e), 39.203, 39.903, and 39.904, this chapter |
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governs the transition to and the establishment of a fully |
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competitive electric power industry for municipally owned |
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utilities. With respect to the regulation of municipally owned |
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utilities, this chapter controls over any other provision of this |
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title, except for sections in which the term "municipally owned |
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utility" is specifically used. |
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SECTION 5. Section 41.001, Utilities Code, is amended to |
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read as follows: |
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Sec. 41.001. APPLICABLE LAW. Notwithstanding any other |
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provision of law, except Subchapter B, Chapter 15, and Sections |
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39.151(j), 39.155, 39.157(a), 39.157(e), 39.203, 39.903, and |
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39.904, this chapter governs the transition to and the |
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establishment of a fully competitive electric power industry for |
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electric cooperatives. Regarding the regulation of electric |
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cooperatives, this chapter shall control over any other provision |
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of this title, except for sections in which the term "electric |
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cooperative" is specifically used. |
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SECTION 6. This Act takes effect September 1, 2007. |