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A BILL TO BE ENTITLED
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AN ACT
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relating to the independent organization certified to perform |
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certain functions for a power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.005, Utilities Code, is amended to |
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read as follows: |
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Sec. 12.005. APPLICATION OF SUNSET ACT. (a) The Public |
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Utility Commission of Texas is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter or by Chapter 39, the commission is abolished and |
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this title expires September 1, 2011. |
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(b) The Sunset Advisory Commission shall conduct a |
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special-purpose review of the Electric Reliability Council of Texas |
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as part of the commission's review of the Public Utility Commission |
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of Texas for the 82nd Legislature. The sunset commission's report |
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to the 82nd Legislature regarding the review must include an |
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assessment of the governance, management, and operating structure |
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of the council and the council's compliance with the duties and |
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requirements placed on it by the legislature and the Public Utility |
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Commission of Texas. The sunset commission's report under this |
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subsection may include any recommendations it considers |
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appropriate. This subsection expires September 1, 2011. |
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SECTION 2. Sections 39.151(g) and (g-1), Utilities Code, |
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are amended to read as follows: |
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(g) To maintain certification as an independent |
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organization under this section, an organization must operate a |
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regional electrical network that is located entirely in this state. |
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The [an] organization's governing body must be composed of persons |
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specified by this section and selected in accordance with formal |
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bylaws or protocols of the organization. The bylaws or protocols |
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must be approved by the commission and must reflect the input of the |
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commission. The bylaws must [specify the process by which
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appropriate stakeholders elect members and, for unaffiliated
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members,] prescribe the professional qualifications necessary for |
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selection as a member of the organization and[. The bylaws must] |
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require the use of a professional search firm to identify |
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candidates for membership of unaffiliated members. The process |
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must allow for commission input in identifying candidates. The |
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governing body must be composed of: |
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(1) each commissioner [the chairman of the commission] |
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as an ex officio nonvoting member; |
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(2) the counsellor as an ex officio voting member |
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representing residential and small commercial consumer interests; |
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(3) the chief executive officer of the independent |
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organization as an ex officio voting member; |
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(4) [six market participants elected by their
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respective market segments to serve one-year terms, with:
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[(A) one representing independent generators;
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[(B) one representing investor-owned utilities;
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[(C) one representing power marketers;
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[(D) one representing retail electric providers;
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[(E)
one representing municipally owned
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utilities; and
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[(F) one representing electric cooperatives;
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[(5)] one member representing industrial consumer |
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interests and elected by the industrial consumer market segment to |
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serve a one-year term; |
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(5) [(6)] one member representing large commercial |
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consumer interests selected in accordance with the bylaws to serve |
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a one-year term; and |
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(6) nine [(7) five] members unaffiliated with any |
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market segment and selected by the other members of the governing |
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body to serve three-year terms. |
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(g-1) The presiding officer of the governing body must be |
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one of the members described by Subsection (g)(6) [(g)(7)]. |
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SECTION 3. Not later than September 1, 2010, an independent |
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organization that is certified by the commission before September |
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1, 2009, shall modify the organization's governing body to comply |
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with Section 39.151(g), Utilities Code, as amended by this Act. The |
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commission may decertify an independent organization that does not |
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comply with that section by September 1, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |