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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rates charged by retail electric providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 39, Utilities Code, is |
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amended by adding Section 39.206 to read as follows: |
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Sec. 39.205 REGULATION OF PRICES FOR RETAIL ELECTRIC |
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PROVIDERS. (a) This section may be cited as the "Texas Electric |
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Residential Customer Protection Act of 2009." |
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(b) No retail electric provider shall charge any |
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residential customer a rate, charge or price more than sixteen |
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cents ($0.16) per kilowatt hour without explicit authorization by |
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the commission pursuant to this section. |
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(c) The commission shall have the authority to establish |
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rules for the implementation of this section. Those rules shall, at |
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a minimum, provide: |
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(1) that any rate, charge or price that exceeds the |
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limits of this section for a residential customer shall be presumed |
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to be unreasonable; |
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(2) that the retail electric provider shall have the |
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burden of proof to demonstrate that the rate, charge or price is |
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reasonable, if the retail electric provider proposes the change; |
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(3) that the Commission may, on its own motion |
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investigate any rate, charge or price that exceeds the limits of |
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this section and may order the retail electric provider to reduce |
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such rates, charges or prices to an amount not to exceed the limits |
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of this section unless the retail electric provider proves that |
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such rates, charges or prices are justified; |
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(d) Rates, charges or prices shall be governed by this |
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section until September 1, 2012. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |