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