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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of electric generation capacity ownership in |
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the electric power market. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.154 , Utilities Code, is amended by |
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adding subsections (f)-(h) to read as follows: |
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(f) A power generation company or any entity that is |
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affiliated with that power generation company who owns, controls, |
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or owns and controls in any combination installed generation |
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capacity located in or capable of delivering electricity to a power |
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region as provided by Section 39.154 may not own, control, or own |
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and control more than 15 percent of the total retail electric |
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provider market of a power region. |
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(g) Not later than January 30, 2010 any power generation |
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company or any entity that is affiliated with that power generation |
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company subject to this section who is in violation of this section |
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must begin a self initiated process or process set out by the |
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commission to be in compliance with this section no later than |
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January 30, 2011. |
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(h) the commission shall use any report and information |
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required under section 39.155(a) to asses market power and |
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compliance with this section. |
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(i) If necessary, not later than January 30, 2010 the |
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commission shall adopt rules, procedures, or standards to enforce |
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and carry out this subsections (f)-(h). |
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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. |