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A BILL TO BE ENTITLED
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AN ACT
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relating to the governing body of an independent organization for a |
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power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.151, Utilities Code, is amended by |
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amending Subsection (g), to read as follows: |
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(g) To maintain certification as an independent |
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organization under this section, the organization must operate a |
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regional electrical network that is contained wholly within the |
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borders of the State of Texas. Such an organization's governing |
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body must be composed of persons specified by this section and |
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selected in accordance with formal bylaws or protocols of the |
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organization. The bylaws or protocols must be approved by the |
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commission and must reflect the input of the commission. The |
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bylaws must specify the process by which appropriate stakeholders
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elect members and, for unaffiliated members, prescribe the |
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professional qualifications necessary for selection as a member of |
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the organization and. Tthe bylaws must require the use of a |
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professional search firm to identify candidates for membership of |
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unaffiliated members. The process must allow for commission input |
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in identifying candidates. The governing body must be composed of: |
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(1) the chairmanthree sitting commissioners of the commission |
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as an ex officio nonvoting members; |
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(2) the counsellor as an ex officio voting member representing |
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residential and small commercial consumer interests; |
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(3) the chief executive officer of the independent organization as |
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an ex officio voting member; |
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(4) six market participants elected by their respective market
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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 utilities; and
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(F) one representing electric cooperatives;
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(5) one member representing industrial consumer interests and |
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elected by the industrial consumer market segment to serve a |
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one-year term; |
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(6) one member representing large commercial consumer interests |
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selected in accordance with the bylaws to serve a one-year term; and |
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(7) five nine members unaffiliated with any market segment and |
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selected by the other members of the governing body to serve |
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three-year terms. |
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SECTION 2. An independent organization certified by the |
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commission before September 1, 2009, shall modify the |
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organization's governing body to comply with Section 39.151(g), |
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Utilities Code, as amended by this Act no later than September 1, |
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2010. On or after September 1, 2010, the commission may decertify an |
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independent organization whose governing body does not comply with |
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Section 39.151(g), Utilities Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |