Amend HB 1866 (house committee printing) by adding the
following appropriately numbered sections and renumbering
subsequent sections accordingly:
SECTION ____. Section 31.002(6), Utilities Code, is amended
to read as follows:
(6) "Electric utility" means a person or river
authority that owns or operates for compensation in this state
equipment or facilities to produce, generate, transmit,
distribute, sell, or furnish electricity in this state. The term
includes a lessee, trustee, or receiver of an electric utility and a
recreational vehicle park owner who does not comply with Subchapter
C, Chapter 184, with regard to the metered sale of electricity at
the recreational vehicle park. The term does not include:
(A) a municipal corporation;
(B) a qualifying facility;
(C) a power generation company;
(D) an exempt wholesale generator;
(E) a power marketer;
(F) a corporation described by Section 32.053 to
the extent the corporation sells electricity exclusively at
wholesale and not to the ultimate consumer;
(G) an electric cooperative;
(H) a retail electric provider;
(I) this state or an agency of this state; [or]
(J) a person not otherwise an electric utility
who:
(i) furnishes an electric service or
commodity only to itself, its employees, or its tenants as an
incident of employment or tenancy, if that service or commodity is
not resold to or used by others;
(ii) owns or operates in this state
equipment or facilities to produce, generate, transmit,
distribute, sell, or furnish electric energy to an electric
utility, if the equipment or facilities are used primarily to
produce and generate electric energy for consumption by that
person; or
(iii) owns or operates in this state a
recreational vehicle park that provides metered electric service in
accordance with Subchapter C, Chapter 184; or
(K) a distributed renewable generation owner, as
defined by Section 39.916, or a person with whom a retail electric
customer contracts to install or maintain distributed renewable
generation on the customer's side of the meter.
SECTION ____. Section 39.916(d), Utilities Code, is amended
to read as follows:
(d) The commission by rule shall establish safety,
technical, and performance standards for distributed renewable
generation that may be interconnected. In adopting the rules, the
commission shall consider standards published by the Underwriters
Laboratories, the National Electric Code, the National Electric
Safety Code, and the Institute of Electrical and Electronics
Engineers. The commission may not require a distributed renewable
generation owner or a person who contracts with a customer to
install or maintain distributed renewable generation on the
customer's side of the meter to register as a power generation
company.