81R5791 TRH-D
 
  By: Kolkhorst H.B. No. 1463
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the Public Utility Commission of Texas
  to order certain electric providers to provide power to other
  electric providers during a natural disaster or declared emergency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 38, Utilities Code, is
  amended by adding Section 38.073 to read as follows:
         Sec. 38.073.  AUTHORITY OF COMMISSION DURING AN EMERGENCY.
  (a)  The commission may require an electric utility, municipally
  owned utility, electric cooperative, or retail electric provider to
  sell electricity to another electric utility, municipally owned
  utility, electric cooperative, or retail electric provider that
  loses power due to a natural disaster or other declared emergency.  
  The commission may order an electric utility, municipally owned
  utility, or electric cooperative to provide interconnection
  service to another electric utility, municipally owned utility, or
  electric cooperative to facilitate a sale of electricity under this
  section.
         (b)  If an entity receives electricity under Subsection (a),
  the receiving entity shall reimburse the supplying entity for the
  electricity according to the rates or prices charged by the
  supplying entity during the supplying entity's most recent full
  billing cycle.  The entity receiving the electricity is responsible
  for any transmission and distribution service charges specifically
  incurred in relation to providing the electricity.
         (c)  An entity that pays for electricity received under
  Subsection (b) may fully recover from the entity's customers the
  cost of the electricity and any associated transmission and
  distribution costs.
         SECTION 2.  This Act takes effect September 1, 2009.